Ganesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44995 of 2024 Arising Out of PS. Case No.-03 Year-2024 Thana- Rasalpur District- Bhagalpur ====================================================== Ganesh Yadav S/O- Bhutke Yadav R/Vill.- Chhano, P.S.- Rasalpur, Distt.- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-07-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Rasalpur Police Station Case No. 03 of 2024, dated 09.03.2024, disclosing offences punishable under Sections 147/341/323/325/307/354/379/504/506 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that in the morning of 01.03.2024, the daughter of the informant went to the field for throwing garbage, where the petitioner assaulted her. It has further been alleged that co-accused Fucho Yadav assaulted the informant by means of iron rod, causing head injury and another accused persons assaulted with lathi. When the
Patna High Court CR. MISC. No.44995 of 2024(2) dt.24-07-2024 2/3 informant's wife intervened, she was also assaulted and abused.
4. Learned Counsel for the petitioner submits that both the parties are agnates and there is previous land dispute between them. The occurrence has taken place due to the dispute of throwing garbage in the field belonging to the accused side. The allegation of assault against the petitioner is general and omnibus in nature and the specific allegation of assault by iron rod is upon coaccused Fucho Yadav.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are agnates, there is land dispute between them, the allegation of assault by iron ord is not upon the petitioner and the allegation against him is general and omnibus in nature, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties
Patna High Court CR. MISC. No.44995 of 2024(2) dt.24-07-2024 3/3 of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Rasalpur Police Station Case No. 03 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √