Manoj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54118 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- GOGRI District- Khagaria ====================================================== 1.

Manoj Kumar Yadav, Son of Late Kaleshwar Yadav, Resident of Village - Basudev Pur, P.O. - Jamalpur, P.S. - Gogri And District - Khagaria, Bihar 851203 2.

Dipak Yadav @ Deepak Kumar, Son of Sri Nand Kishore Yadav, Resident of Village- Basudev Pur, P.O. - Jamalpur, P.S. - Gogri And District - Khagaria, Bihar 851203 3.

Praveen Kumar @ Banku Yadav, Son of Sri Nand Kishore Yadav, Resident Of Village- Basudev Pur, P.O. - Jamalpur, P.S. - Gogri And District - Khagaria, Bihar 851203 4.

Gaurav Kumar @ Gaurav Raj, Son of Sri Nand Kishore Yadav, Resident of Village - Basudev Pur, P.O. - Jamalpur, P.S. - Gogri And District - Khagaria, Bihar 851203 5.

Viveka Yadav @ Viveka Nand Yadav, Son of Baleshwar Yadav, Resident of Village - Basudev Pur, P.O. - Jamalpur, P.S. - Gogri And District- Khagaria, Bihar 851203 6.

Chandan Rajak @ Chandan Kumar Rajak, Son of Late Srikant Rajak, Resident of Village- Basudev Pur, P.O. - Jamalpur, P.S.- Gogri And DistrictKhagaria, Bihar 851203 ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harshit Griyaghey, Advocate For the Opposite Party/s :

Mr. Satendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-09-2023 Heard Mr. Harshit Griyaghey, learned counsel appearing on behalf of the petitioners and the learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Gogri P.S. Case No. 11 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323,

Patna High Court CR. MISC. No.54118 of 2023(2) dt.20-09-2023 2/3 307, 379, 354, 448, 504 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegedly in course of Panchayat meeting when the accused persons were called upon, they reached there variously armed and started assaulting the informant and his family members. It is further alleged that on account of being assaulted, the informant and his family members sustained injuries. The accused persons also snatched the valuables.

4. Learned counsel appearing on behalf of the petitioners submits that there is a case and counter case, being Gogri P.S. Case No. 10 of 2023, which is earlier on the point of time. He next submits that in fact on account of land dispute, a Panchayati took place and, in the meanwhile, there was scuffle between the parties and the persons of both sides sustained injuries, though the injuries are found to be simple in nature. In support of the aforesaid submission, the injury reports have been brought on record by way of Annexures- 2 Series. He next submits that the other co-accused persons, having identical allegation, have been allowed the privilege of bail by the learned coordinate Bench of this Court in Cr. Misc. No. 40204 of 2023 vide order dated 28.07.2023. He lastly submits that the petitioners are men of fair antecedent and they undertake that they will fully cooperate in

Patna High Court CR. MISC. No.54118 of 2023(2) dt.20-09-2023 3/3 the investigation or in the proceeding of the Court.

5. On the other hand, learned APP for the State opposes the bail application and submits that all the accused persons, including the petitioners, have brutally assaulted the informant and his wife.

6. Regard being had to the submissions made on behalf of the parties and considering the case and counter case and the nature of injuries, let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No. 11 of 2023, subject to the condition as laid down under Section 438

(2) of the Cr.P.C. with the further condition that one of the bailors shall be the own/close relative of the petitioners. (Harish Kumar, J) uday/- U T