Mantu Yadav @ Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69302 of 2023 Arising Out of PS. Case No.-138 Year-2023 Thana- AMARPUR District- Banka ====================================================== 1.

Mantu Yadav @ Mantu Kumar Son Of Ganesh Yadav Resident Of VillageLalmatiya, Ps- Amarpur, Distt- Banka 2.

Ranjan Kumar @ Ranjan Yadav Son Of Dinesh Yadav Resident Of VillageLalmatiya, Ps- Amarpur, Distt- Banka 3.

Ganesh Yadav @ Santu Yadav Son Of Bachchan Yadav Resident Of VillageLalmatiya, Ps- Amarpur, Distt- Banka 4.

Santu Kumar Son Of Ganesh Yadav Resident Of Village- Lalmatiya, PsAmarpur, Distt- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 354, 307, 504, 506, 379, 34 of the Indian Penal Code.

3. As per the prosecution case, on 05.03.2023, all the F.I.R. named accused persons including these petitioners abused and assaulted the informant with sharp-edged weapon and lathi, due to which, he sustained injuries on his leg and hand, out of which, one injury is grievous in nature. It is further alleged that

Patna High Court CR. MISC. No.69302 of 2023(2) dt.01-11-2023 2/3 when the wife of informant came to save informant, she was also assaulted by petitioner no. 3 and co-accused Gunjan Yadav and thereafter, co-accused Bhavesh Yadav & Shubhash Yadav pulled her saree and petitioner no. 2 snatched a 5-bhar of silver chain from the neck of informant's wife.

4. It is submitted on behalf of petitioners that informant and petitioners are own gotiya and a dispute arose between the parties over possession of a piece of land, in which, both sides sustained injury. There is case and counter case. There is general and omnibus allegation of assault against these petitioners. Specific accusation of assault of causing grievous injury is against co-accused Bhavesh Yadav.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the general & omnibus allegation and admitted land dispute between the parties, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 138 of 2023, subject to condition as laid down under Section

Patna High Court CR. MISC. No.69302 of 2023(2) dt.01-11-2023 3/3 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T