Ram Vinay Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33314 of 2016 Arising Out of PS.Case No. -67 Year- 2016 Thana -KAMTAUL District- DARBHANGA ======================================================
1. Ram Vinay Yadav Son of Ram Chandra Yadav.
2. Ram Bharosh Yadav, Son of Late Jageshwar Yadav,
3. Ram Gyan Yadav, Son of Late Bindeshwar Yadav.
4. Ram Briksh Yadav, Son of Late RajKumar Yadav, all Nos 1 to 4 are Residents of Village- Usara, Police Station- Kamtaul, District- Darbhanga. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Prasad For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-08-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Kamtaul P.S. Case No. 67 of 2016 registered under Sections 147, 148, 149, 323, 452, 307, 308 and 380 of the Indian Penal Code.
The accusation is that 11 persons named in the F.I.R. including the petitioners started to put articles at the land of the informant Mohan Yadav with intention to take possession. When informant made protest then at the order of Ram Sewak Yadav, petitioner no. 2 Ram Bharosh Yadav caused injury through farsa at the head of the informant at which he fell down. In the
Patna High Court Cr.Misc. No.33314 of 2016 (2) dt.24-08-2016 2/3 meantime, petitioner no.1, Ram Vinay Yadav caused injury to Binod Yadav. When Ravindra Yadav rushed to save him then Ram Sewak Yadav also caused injury to him through iron rod. Thereafter, the accused persons entered into the house and started loot and in that course, Ram Chandra Yadav took a box, containing silver and gold ornaments, Ram Brich Yadav took attaché whereas Ram Gyan Yadav also took bicycle. Learned counsel appearing on behalf of the petitioners submits that due to land dispute occurrence took place as a result of which the defence side also sustained injury, regarding which Kamtaul P.S. Case No. 84 of 2016 is instituted on the basis of written report of Puniya Devi, wife of accused Shankar Yadav. Moreover, injuries, as found on the persons of the informant Mohan Yadav, Binod Yadav and Ravindra Kumar, are simple in nature.
Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Darbhanga in connection with Kamtaul P.S. Case No. 67 of 2016 subject to the condition as
Patna High Court Cr.Misc. No.33314 of 2016 (2) dt.24-08-2016 3/3 laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J) Shail/- U T