Ramishwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71701 of 2023 Arising Out of PS. Case No.-226 Year-2022 Thana- GURARU District- Gaya ====================================================== 1.
RAMISHWAR YADAV Son of Late Devnandan Yadav R/o vill - Konchi, P.S. - Guraru, Distt.- Gaya 2.
RAMCHALITAR YADAV @ RAMCHALIS YADAV @ RAMCHARITAR YADAV Son of Late Devnandan Yadav R/o vill - Konchi, P.S. - Guraru, Distt.- Gaya 3.
SUMANT KUMAR @ LALU Son of Ramchalis Yadav R/o vill - Konchi, P.S. - Guraru, Distt.- Gaya ... ... Petitioners.
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Manisha Prakash, Advocate For the State :
Mr. Mukesh Kumar Singh, APP For the Informant : Mr. Piyush Saurav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.
2. Learned counsel for the petitioners submits that he has already removed the defect (s) pointed out by the office.
3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 504, 323, 308, 427 and 34 of the Indian Penal Code.
4. Petitioners in association of other co-accused are said to have assaulted the informant and his family members.
5. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have
Patna High Court CR. MISC. No.71701 of 2023(2) dt.04-12-2023 2/2 been falsely implicated in this case due to dirty village politics. It is further submitted that both sides are agnates and next door neighbour and there is pending dispute between them for the ancestral properties. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Both sides have filed cases against each other. Petitioner no.1 has no criminal antecedent, whereas petitioner nos.2 and 3 have one criminal antecedent, as mentioned in para-3 of this application.
6. Learned APP for the State assisted by learned counsel for the informant vehemently opposed the prayer for bail.
7. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Guraru P.S. Case No.226 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T