Sanoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40623 of 2020 Arising Out of PS. Case No.-227 Year-2020 Thana- LAXMIPUR District- Jamui ====================================================== SANOJ YADAV S/o Bhagalu Yadav R/o village- Hiramba, P.S.- Laxmipur, District- Jamui.

... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Umesh Prasad, Advocate.

For the State :

Mr. Anuj Kumar Shrivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-07-2021 As prayed for, through Video Conferencing, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 26/27.12.2020, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner apprehends his arrest in connection with Laxmipur P.S. Case No.227 of 2020 registered under Sections 341, 323, 354, 504, 506 and 337/34 of the Indian Penal Code.

The accusation is that in the morning of 13.06.2020, 5 persons, named in the F.I.R., including the petitioner came at the

Patna High Court CR. MISC. No.40623 of 2020(2) dt.29-07-2021 2/3 door of the informant Mamta Devi and started to abuse. When the informant made protest, then this petitioner ordered others to kill. Thereafter, all started to caused assault to the informant through slaps and dashed her on the ground catching her hair and with bad intention, this petitioner and Pramod Yadav torn her blouse and saree. When Dulari Devi, the mother-in-law of the informant, rushed to save to the informant, then she was dashed on the ground by catching her hair by all the accused persons and they also torn her saree and blouse. On the alarm being raised by the informant, the villagers rushed there and save the informant and her mother-in-law. The cause of occurrence is that the measurement of the land of the informant was done by the Gram Panchayat, in which 2.25 Dhur land was marked in the share of the informant but the accused persons wanted to grab the land of the informant.

Learned counsel for the petitioner submits that due to land dispute, the occurrence of "Maar-Peet" took place between the parties in which both sides sustained slight injuries. Regarding the same occurrence, on the basis of the fardbeyan of the petitioner, Laxmipur P.S. Case No.237 of 2020 was also instituted against the prosecution party. The petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.40623 of 2020(2) dt.29-07-2021 3/3 Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Amrendra Kumar Raj, Judicial Magistrate, First Class, Jamui, in connection with Laxmipur P.S. Case No.227 of 2020, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T