Dwarpali Rai @ Dwarpali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66202 of 2023 Arising Out of PS. Case No.-300 Year-2021 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

DWARPALI RAI @ DWARPALI YADAV SON OF MATHURA RAI RESIDENT OF VILLAGE BHAISHNDA, P.S. - RAMGARHWA, DISTRICT - EAST CHAMPARAN 2.

SURESH RAI SON OF LATE MATHURA RAI RESIDENT OF VILLAGE BHAISHNDA, P.S. - RAMGARHWA, DISTRICT - EAST CHAMPARAN 3.

SHAMANAND @ SHYAMANAND YADAV SON OF SURESH RAI RESIDENT OF VILLAGE BHAISHNDA, P.S. - RAMGARHWA, DISTRICT - EAST CHAMPARAN 4.

BICHENDRA YADAV @ BICHENDRA RAI SON OF CHANDRADEO YADAV RESIDENT OF VILLAGE BHAISHNDA, P.S. - RAMGARHWA, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-10-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341 , 323 , 307, 379, 354 and 34 of the Indian Penal Code.

3. As per the prosecution case, on the alleged date and time of occurrence all the FIR. named accused persons including these petitioners armed with weapons, with an intention to encroach the land of informant started digging bamboo and when the informant raised objection, on the order

Patna High Court CR. MISC. No.66202 of 2023(2) dt.18-10-2023 2/3 of petitioner No. 4 Birendra Yadav, co-accused- Chandradeo Yadav gave Frasa blow on the head of informant, causing cut injury and bleeding. When the mother of the informant, namely, Taramati Devi came to save the informant, all the accusedpersons assaulted her, due to which she also sustained injury on her shoulder and accused-persons also molested her. Petitioner No. 3 Shyamanand Yadav snatched Rs.2,000/- from the pocket of the informant.

4. It is submitted on behalf of the petitioners that there is general and omnibus allegation of assault against these petitioners. The injury report of the mother of the informant is found to be simple in nature by the doctor. Specific allegation of assault is against co-accused Chandra Deo Yadav. Rest of the allegation is ornamental in nature .

5. Learned counsel for the State oppose the bail petition.

6 Considering the nature of injury and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate , Motihari, East

Patna High Court CR. MISC. No.66202 of 2023(2) dt.18-10-2023 3/3 Champaran in connection with Ramgarhwa P.S. Case No. 300 of 2021 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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