Gudari Yadav @ Rama Kant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67602 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- PIRO District- Bhojpur ====================================================== Gudari Yadav @ Rama Kant Singh S/O Harihar Singh Resident of VillageKachnath, P.S. Piro, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-10-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Piro Police Station Case No. 103 of 2024, dated 13.03.2024, disclosing offences punishable under Sections 341/379/504/506/324/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that in the afternoon of 08.03.2024, while the informant was in his field, the petitioner, along with other coaccused persons, assaulted him and the petitioner snatched cash amount of Rs. 1700/- from his pocket and a golden locket from his neck. It has further been alleged that co-accused Lakar Yadav assaulted the informant on

Patna High Court CR. MISC. No.67602 of 2024(2) dt.23-10-2024 2/3 his mouth, nose and eyes.

4. Learned Counsel for the petitioner submits that there is dispute between the parties regarding irrigation of the field and a counter case has also been lodged by the side of the petitioner against the informant and others, bearing Piro Police Station Case No. 104 of 2024. The son of the petitioner has also sustained fracture injury of his hand. He further submits that the allegation against the petitioner is general and omnibus in nature and the specific allegation against him is that he snatched Rs. 1700/- from the pocket of the informant and a golden locket from his neck. The specific allegation of assault upon the informant on his mouth, nose and eyes is upon co-accused Lakar Yadav. From perusal of the impugned order, it appears hat the informant has sustained injuries in his nasal bone, upper lips, swelling near temporal region, which has been said to be grievous in nature, but the same may not be attributable to the petitioner in view of the specific allegation of assault against co-accused Lakar Yadav.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that

Patna High Court CR. MISC. No.67602 of 2024(2) dt.23-10-2024 3/3 there appears to be land dispute between the parties, a counter case has also been lodged by the side of the petitioner for the incident which took place on the same date and time and the allegation against the petitioner is general and omnibus in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Chief Judicial Magistrate, Bhojpur, at Ara, in connection with Piro Police Station Case No. 103 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √