Ramesh Yadav @ Rameshwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42178 of 2023 Arising Out of PS. Case No.-301 Year-2022 Thana- CHHATAPUR District- Supaul ====================================================== 1.
RAMESH YADAV @ RAMESHWAR YADAV SON OF LATE DEVNANDAN YADAV RESIDENT OF VILLAGE -BHAWANIPATTI, PS- CHHATAPUR (RAJESHWARI OP), DISTRICT -SUPAUL 2.
JIVENDRA YADAV SON OF RAGHU YADAV RESIDENT OF VILLAGE -BHAWANIPATTI, PS- CHHATAPUR (RAJESHWARI OP), DISTRICT -SUPAUL 3.
DHIRENDRA YADAV SON OF RAGHU YADAV RESIDENT OF VILLAGE -BHAWANIPATTI, PS- CHHATAPUR (RAJESHWARI OP), DISTRICT -SUPAUL 4.
SUSHANT YADAV @ KUMAR SUDHANSHU @ SUSHANT KUMAR SON OF RAMCHANDRA YADAV RESIDENT OF VILLAGE -BHAWANIPATTI, PS- CHHATAPUR (RAJESHWARI OP), DISTRICT -SUPAUL 5.
MONU YADAV @ MONU KUMAR SON OF SENTER YADAV @ REVAN YADAV RESIDENT OF VILLAGE -BHAWANIPATTI, PSCHHATAPUR (RAJESHWARI OP), DISTRICT -SUPAUL 6.
SONU YADAV @ SONU KUMAR SON OF SENTER YADAV @ REVAN YADAV RESIDENT OF VILLAGE -BHAWANIPATTI, PS- CHHATAPUR (RAJESHWARI OP), DISTRICT -SUPAUL 7.
SANJEEV YADAV @ SANJEEV KUMAR YADAV SON OF SHYAM SUNDAR YADAV RESIDENT OF VILLAGE -BHAWANIPATTI, PSCHHATAPUR (RAJESHWARI OP), DISTRICT -SUPAUL ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamal Kishore Singh, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148,
Patna High Court CR. MISC. No.42178 of 2023(2) dt.08-08-2023 2/3 149, 341, 323, 324, 325, 307, 354(A), 385, 379, 504 and 506 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that the petitioners have antecedent of one case.
4. The informant alleges that accused-petitioners along with 13 named accused persons and 50 unknown accused came on his land and surrounded him and his family members and assaulted causing fracture in his both hands, further his father received injury on his knee and hand thereafter, Jaikalal Devi sustained fracture in left hand, Ashok sustained injury on his left eyes, next alleges that Prince and Subodh received injury on their head, further the accused persons also assaulted the tractor driver and snatched his mobile.
5. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that on account of dispute relating to land, the present occurrence took place where both sides assaulted each other. It is further submitted that no specific allegation of assault is alleged against any of the petitioners, as such the allegations are general and omnibus in nature but the injured suffered injury, it is next submitted that since the
Patna High Court CR. MISC. No.42178 of 2023(2) dt.08-08-2023 3/3 allegations are not specific, as such sending all the petitioners to jail would amount to travesty of justice. It is also submitted that from side of the petitioners also Chhatapur P.S. Case No. 302 of 2022 has been instituted against the side of the informant with regard to the alleged occurrence.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chhatapur (Rajeshwari O.P.) P.S. Case No. 301 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U