Ratan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63267 of 2018 Arising Out of PS. Case No.-184 Year-2017 Thana- ALAMNAGAR District- Madhepura ====================================================== Ratan Yadav, Son of Pulkit Yadav, Resident of Village- Naugachhia Basa, Police Station- Alam Nagar, District- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad For the Opposite Party/s :
Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-01-2019 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 427 and 325/34 of the IPC.
The prosecution case, as per the written report of Bahadur Mehta, dated 01.08.2017, submitted to the Station House Officer, Alam Nagar Police Station, is to the effect that on 31.07.2017 at 6.30 AM, the second son of the informant went to inspect the agricultural field, when he found that co-accused Pulkit Yadav, Nandeshwari Yadav and Deepak Yadav were getting the paddy grazed by the she-buffalo and on protest being made, co-accused Pulkit Yadav caught hold of the son of the informant, Arun Mehta when co-accused Nandeshwari Yadav
Patna High Court Cr.Misc. No.63267 of 2018(2) dt.09-01-2019 2/3 assaulted him with lathi, whereas co-accused Deepak Yadav assaulted him with sharp cutting weapon. Thereafter, again Pulkit Yadav assaulted the informant causing fracture injury on his left hand. It is further alleged that the informant reached on the spot and while he was taking the injured, Arun Mehta to the hospital, on the way, other accused persons including the petitioner assaulted the informant.
It is submitted by learned counsel for the petitioner that in the background of dispute with regard to grazing of the paddy crop, the accusation has been levelled. The specific accusation of assault has not been levelled against the petitioner. It is further submitted that though the son of the informant received one grievous injury, but that injury has not been alleged to be caused by the petitioner. There is counter version of the occurrence also being Alamnagar P.S. Case No. 185 of 2017, registered under Sections 341, 323, 354B, 379, 325, 504 and 506/34 of the IPC, lodged by the petitioner's side against the informant's side. Though a statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, but a supplementary affidavit has been filed to the effect that the petitioner is involved in one other case also, wherein he is on bail.
Patna High Court Cr.Misc. No.63267 of 2018(2) dt.09-01-2019 3/3 Learned APP submits that the petitioner is named in the FIR.
Considering the accusation against the petitioner being omnibus and general, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Udakishunganj, Madhepura in connection with Alam Nagar P.S. Case No. 184 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T