Ramanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61683 of 2022 Arising Out of PS. Case No.-139 Year-2022 Thana- DHAMDAHA District- Purnia ====================================================== RAMANAND YADAV Son of Dhirendra Yadav Resident of VillageChandrahi Hajari Tola, Ward No. 3, P.S.- Dhamdaha, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 341,323,307,379,504,506/34 of IPC. The prosecution case, in short, is that on 08.06.2022 at 4.30 P.M. while the son of the informant namely Rakesh Kumar was unloading soil from the tractor at his Darbaja then due to previous land dispute, Ramanand Yadav (Petitioner) and his family members armed with lathi, danda, iron rod and dabiya came there and started abusing and started assaulting his son Rakesh Kumar and also assaulted on his head and snatched a gold chain and they also assaulted the informant and his family members. In the meanwhile the villagers came and with assistance of villagers the injured Rakesh Kumar was taken to

Patna High Court CR. MISC. No.61683 of 2022(2) dt.10-02-2023 2/3 Govt. Hospital, Dhamdaha from where he was referred to Purnea.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case due to admitted land dispute. Further submits that it appears from the FIR that there is general and omnibus allegation against all the accused persons including the petitioner. There is no specific allegation of any assault or overt-act against the petitioner. Further submits that the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 29.06.2022.

Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries four more cases other than the present one.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Dhamdaha P.S.Case No. 139 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.61683 of 2022(2) dt.10-02-2023 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T