Bitti Yadav @ Bikki Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28026 of 2017 Arising Out of PS.Case No. -144 Year- 2017 Thana -GOGRI District- KHAGARIA ====================================================== Bitti Yadav @ Bikki Yadav, Son of Shankar Yadav, Resident of VillageRatan, P.S. Gogri, District- Khagaria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ram Sumiran Rai, Advocate. For the Opposite Party : Smt. Indu Bala Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Gogri P.S. Case No. 144/2017 for the offences instituted under Sections 341, 447, 323, 307, 379 and 504/34 of the IPC. The prosecution story, in brief, is that on 24.03.2017 at 9.00 hour, while the informant was at his door, the accused persons including the petitioner variously armed came there and began to abuse and on objection made by the informant, the petitioner Bitti Yadav assaulted on his head by means of Lathi and co-accused Chhotu Yadv assaulted by means of Lathi and accused Shankar Yadav assaulted on the nose of his Bhabhi Sarita Devi. It has been further alleged that during course of assault, the accused

Patna High Court Cr.Misc. No.28026 of 2017 (2) dt.06-07-2017 2/2 snatched away gold ear-ring of his Bhabhi. The motive for the occurrence has been assigned to be the land dispute. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has falsely been implicated in the present case. It is a case and counter case between the parties. The nature of injury is said to be simple. No offence under Section 307 IPC is made out. There is land dispute also between the parties.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Gogri P.S. Case No. 144/2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagaria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T