Ram Pravesh Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72655 of 2018 Arising Out of PS. Case No.-262 Year-2018 Thana- HARNAUT District- Nalanda ======================================================

1. Ram Pravesh Yadav, age about 55 years, son of Yugesgwar Prasad Yadav, resident of Village- Sahpur, P.O.- Chhatiyana, P.S.- Harnaut, District- Nalanda at Bihar Sharif.

2. Surendra Prasad @ Surendra Prasad Yadav, age about 44 years, son of Bindeshwar Prasad, resident of Village- Nehusa Bigha, P.O.- Nehusa, P.S. Harnaut, District- Nalanda at Bihar Sharif.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-12-2018 The petitioners seek bail in anticipation of their arrest in connection with Harnaut P.S. Case No. 262 of 2018 dated 18.08.2018 instituted for the offences under Sections 341, 323, 307, 379, 354, 504, 34 of the Indian Penal Code. The petitioner No. 2 is stated to have called the informant on road whereafter petitioner No. 1 along with others is said to have assaulted the informant. The petitioner No. 2 is specifically alleged to have assaulted the informant by means of iron rod. The informant also alleges to have been divested of his personal belongings.

The learned counsel for the petitioners has

Patna High Court Cr.Misc. No.72655 of 2018(2) dt.20-12-2018 2/3 submitted that petitioners have been falsely implicated in this case because of the civil dispute. In fact, mother of petitioner No. 2 had purchased a land from one Ram Rati Devi way back in the year 1996. One Lilawati Devi, thereafter purchased the same land from the mother of petitioner No. 2 who sold it to the informant. It is only with respect to that plot of land that a Title Suit is pending between Mira Devi and mother of petitioner No. 2. Because of such civil dispute between the parties, the petitioners have been made accused in this case. The injuries suffered by the informant are simple in nature. An informatory petition has also been filed by the son-in-law of petitioner No. 1.

Regard being had to the aforesaid facts as also taking into account that one of the accused persons of this case has been granted anticipatory bail by a Bench of this Court vide order dated 29.10.2018 passed in Cr. Misc. No. 65578 of 2018, the petitioners above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, are directed to be released

Patna High Court Cr.Misc. No.72655 of 2018(2) dt.20-12-2018 3/3 on bail on their furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Harnaut P.S. Case No. 262 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T