Ramashish Yadav @ Ram Ashish Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39775 of 2017 Arising Out of PS.Case No. -115 Year- 2016 Thana -ANDER District- SIWAN ====================================================== Ramashish Yadav @ Ram Ashish Yadav s/o Dip Narayan Yadav, r/vFirozpur, P.S. - Andar, District - Siwan .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Adv. For the Opposite Party/s : Mrs. Veena Rani Prasadd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in Andar P.S. Case No. 115/2016, registered for the offences punishable under Sections 341, 323, 379, 504 and 34 of the Indian Penal Code. The accusation is that nine persons named in the F.I.R. including the petitioner having lathi, Danda etc. in their hand came at the door of the informant Parshuram Yadav and started breaking pipes of his house. On protest, they began to abuse and also assaulted the informant and his family members in which the informant Parshuram Yadav, Indal Yadav, Satyendra Kumar and Heera Devi sustained injuries.
Learned counsel for the petitioner submits that it would appear from the F.I.R. that there is omnibus and general allegation against nine accused persons who caused injuries to the informant
Patna High Court Cr.Misc. No.39775 of 2017 (2) dt.14-09-2017 2/2 and others. All the injuries on their persons are simple in nature except one injury which is on the head of the informant is said to be grievous in nature. Further submission is that after investigation the police submitted the final form against the petitioner, but differing with the final form, learned Chief Judicial Magistrate took cognizance.
Having considered the facts and circumstances, the petitioner above-named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Andar P.S. Case No. 115/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Vinita/- U T