Ranjeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68963 of 2023 Arising Out of PS. Case No.-194 Year-2023 Thana- LAURIA District- West Champaran ====================================================== 1.

RANJEET YADAV SON OF RAJENDRA YADAV RESIDENT OF VILLAGE - LAURIYA, WARD NO. 03, PS- LAURIYA, DISTT- WEST CHAMPARN 2.

DHANANJAY YADAV @ DHANANJAY KUMAR YADAV SON OF LATE VINOD YADAV @ JHULAN YADAV RESIDENT OF VILLAGE - LAURIYA, WARD NO. 03, PS- LAURIYA, DISTT- WEST CHAMPARN 3.

BISHVAJEET YADAV @ VISHVJEET KUMAR SON OF JITENDRA YADAV RESIDENT OF VILLAGE - LAURIYA, WARD NO. 03, PSLAURIYA, DISTT- WEST CHAMPARN 4.

AMARDEEP KUMAR @ AMARDEEP KUMAR YADAV SON OF JITENDRA YADAV RESIDENT OF VILLAGE - LAURIYA, WARD NO. 03, PS- LAURIYA, DISTT- WEST CHAMPARN 5.

UJJWAL KUMAR @ NAVEEN KUMAR YADAV SON OF LATE VINOD YADAV @ JHULAN YADAV RESIDENT OF VILLAGE - LAURIYA, WARD NO. 03, PS- LAURIYA, DISTT- WEST CHAMPARN 6.

MANNU KUMAR @ MANU KUMAR SON OF LATE VINOD YADAV @ JHULAN YADAV RESIDENT OF VILLAGE - LAURIYA, WARD NO. 03, PS- LAURIYA, DISTT- WEST CHAMPARN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-11-2023

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

2. This application, for grant of anticipatory bail, arises out of Lauriya Police Station Case No. 194 of 2023, disclosing offences under Sections 147/148/149/341/323/324/325/307/504/506 of the Indian

2/4 Penal Code.

3. The prosecution case, as per the First Information Report, is that on 09.07.2023, in the morning, the informant was informed by the co-villagers that some persons, armed with deadly weapons, were trying to capture the land of the informant. Upon the information, the informant rushed towards his land and saw that all accused persons, total ten in numbers, including the petitioners, were cultivating the land of the informant. When the informant objected, the co-accused Bhulan Yadav assaulted the informant and his father by means of spade. Further, all accused persons also assaulted the informant and his grandfather by means of farsa and iron rod. The petitioner no. 3, along with co-accused Jitendra Yadav assaulted the informant's uncle, namely, Sukat Yadav, by means of iron rod and lathi.

4. Learned counsel for the petitioners submits that both the parties are neighbours, there is land dispute between them and a title suit, bearing Title Suit No. 143 of 2023, filed by the side of the informant, is also pending, in which some of the petitioners are defendants. Counter case, bearing Lauriya Police Station Case No. 198 of 2023, has

3/4 also been lodged from the side of the petitioners for an occurrence which has taken place on the same date and time. The injury caused due to alleged assault made by the petitioner no. 3 upon the informant's uncle has been found to be simple in nature and there is general and omnibus allegations against other petitioners.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that injury caused to the informant's uncle is simple in nature and there is general and omnibus allegations against other petitioners. There is land dispute between the parties, a title suit is pending between them and counter case has also been lodged by the side of the petitioners, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, 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 Chief Judicial Magistrate, Bettiah, West Champaran, in connection with

4/4 Lauriya Police Station Case No. 194 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T