Rajeev Kumar @ Rajeev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.230 of 2021 Arising Out of PS. Case No.-31 Year-2020 Thana- BARHAT District- Jamui ====================================================== 1.
RAJEEV KUMAR @ RAJEEV YADAV SON OF VINO YADAV RESIDENT OF VILLAGE - SUDAMAPUR, P.S. - BARHAT, DISTRICT - JAMUI 2.
RAJESH KUMAR YADAV @ RAJESH YADAV SON OF ARUN YADAV RESIDENT OF VILLAGE - SUDAMAPUR, P.S. - BARHAT, DISTRICT - JAMUI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Sinha For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-03-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. At the very outset, the learned counsel for the petitioners has submitted that during the pendency of this criminal miscellaneous petition, petitioner no. 2 has been arrested, as such, this criminal miscellaneous petition has become infructuous with respect to petitioner no. 2.
Patna High Court CR. MISC. No.230 of 2021(2) dt.07-03-2022 2/3 In view of above submission, this criminal miscellaneous petition is dismissed as infructuous with respect to petitioner no. 2.
So far as petitioner no. 1 is concerned, he apprehends his arrest in connection with Barhat P.S. Case No. 31 of 2020 registered for offence punishable under sections 147, 447, 341, 323, 325, 354(B), 379, 427 of the Indian Penal Code. The informant Pinki Devi has lodged FIR, stating therein that the FIR named accused persons assaulted the informant as well as her husband.
The learned counsel for the petitioner has submitted that the allegation against the present petitioner is general and omnibus. He has further submitted that admittedly there is land dispute between both the parties. The petitioner's side has lodged counter case, i.e. Barhat P.S. Case No. 32 of 2020. Considering the above mentioned facts and circumstances, let petitioner no. 1, namely, Rajeev Kumar @ Rajeev Yadav, in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jamui in connection with Barhat P.S. Case No. 31 of 2020,
Patna High Court CR. MISC. No.230 of 2021(2) dt.07-03-2022 3/3 subject to condition as laid down under section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey , J) Mahesh/- U T