Ganesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26194 of 2015 Arising Out of PS.Case No. -56 Year- 2015 Thana -NAUHATTA District- SAHARSA ======================================================
1. Munar Mandal
2. Surat Mandal Both Son of Late Thithar Mandal
3. Parmanand Patel son of Shukal Mandal
4. Amresh Mandal @ Amlesh Kumar Patel @ Amresh Patel Son of Shukal Mandal
5. Hira Lal Mandal Son of Munar Mandal
6. Om Prakash Patel @ Om Prakash Mandal
7. Jay Prakash Patel
8. Pintu Patel All are son of Muni Mandal
9. Ram Swaroop Mandal Son of Late Bhaiji Mandal
10. Baijnath Mandal Son of Ram Swaroop Mandal
11. Aashish Mandal
12. Rahul Mandal Both are sons of Baijnath Mandal .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.31115 of 2015 Arising Out of PS.Case No. -56 Year- 2015 Thana -NAUHATTA District- SAHARSA ======================================================
1. Ganesh Yadav Son of Dashrath Yadav resident of village Pipra - rahi, Police Station - Nauhatta, District - Saharsa .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.26194 of 2015) For the Petitioner/s : Mr. Md. Harun Quareshi For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) (In Cr.Misc. No.31115 of 2015) For the Petitioner/s : Mr. Md. Harun Quareshi For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-07-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case
Patna High Court Cr.Misc. No.26194 of 2015 (2) dt.22-07-2015 2/3 registered for the offences punishable under Sections 147/149/447/341/504/323/324/325/307/354 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is alleged that in the background of dispute with regard to construction of house on a particular piece of land the accused persons came variously armed and abused the informant by calling caste name and made assault. The specific accusation of causing knife injury is against Parmanand Patel on the head of the informant. Though the accused persons assaulted the son and nephew of the informant.
It is submitted by learned counsel for the petitioners that in the background of land dispute on 11.03.2015, the sisterin-law of the informant filed a case whereas the present case was lodged on 13.03.2015 and the wife of the informant lodged another case on 16.03.2015 with similar accusation. The petitioner has been granted bail in Nauhatta P.S. Case No.48 of 2015 vide Criminal Miscellaneous No. 25200 of 2015. It is submitted by learned counsel for the informant that several persons received injuries and some of the injuries have been found to be grievous.
Considering the fact that accusation has been levelled
Patna High Court Cr.Misc. No.26194 of 2015 (2) dt.22-07-2015 3/3 in the background of land dispute and for the occurrence of 13.03.2015, the FIR was registered on 18.03.2015, this is a fit case for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Nauhatta P.S. Case No. 56 of 2015, pending before the learned Judicial Magistrate, 1st Class, Saharsa.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J) Ashwini/- U T