Ganesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52681 of 2019 Arising Out of PS. Case No.-267 Year-2018 Thana- RAGHOPUR District- Supaul ====================================================== 1.
GANESH YADAV S/o Late Jay Nandan Yadav 2.
Umesh Yadav S/o Late Jay Nandan Yadav 3.
Dukha Yadav S/o Shibu Yadav all are resident of R/o village- Koriyapatti Dippur, Ward No. 14, P.S.- Raghopur, District- Supaul 4.
Balram Yadav S/o Raghuni Yadav R/o village- Satkudariya Tola Jagir, P.S.- Raghopur, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned Counsel for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. The prosecution case is that when the informant went to his paddy field, all the accused persons, including the petitioners, surrounded him, and thereafter, abused and assaulted him. It is alleged against petitioner no.1, Ganesh Yadav that he assaulted with farsa on the head of the informant and other accused persons are alleged to have assaulted with lathi to the informant.
Patna High Court CR. MISC. No.52681 of 2019(3) dt.16-11-2019 2/3 It is further alleged that petitioner no.1 assaulted Gulab Yadav on his head with farsa, whereas, petitioner no.2, Umesh Yadav assaulted with an iron rod to Mangal Yadav causing fracture in shoulder bone. It is also alleged that petitioner no.4 snatched a gold chain from the informant whereas petitioner no.3, Dukha Yadav snatched Rs.1,100/- from the pocket of the informant. It is submitted by learned counsel for the petitioners that in the background of land dispute, the accusation has been levelled against the petitioner. It is further submitted that only injury report of the informant has been brought on record which suggests injury being simple in nature. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned APP for the State after going through the case diary that only the injury report of Vijay Yadav is on record which reflects no injury being caused. Considering the accusation not being corroborated by the medical opinion, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on
Patna High Court CR. MISC. No.52681 of 2019(3) dt.16-11-2019 3/3 furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Supaul, in connection with Raghopur P.S. Case No.267 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T