Jai Jai Ram Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67276 of 2019 Arising Out of PS. Case No.-168 Year-2019 Thana- MUNGER MUFFASIL District- Munger ====================================================== 1.
JAI JAI RAM YADAV, aged about 55 years, Male, Son of Geno Yadav @ Gono Yadav, Resident of Village - Banarsi Rai Tola, Tikarampur, P.S.- Muffasil, Distt - Munger 2.
Suman Yadav @ Suban Yadav, aged about 25 years, Male, Son of Geno Yadav @ Gono Yadav, Resident of Village - Banarsi Rai Tola, Tikarampur, P.S.- Muffasil, Distt - Munger 3.
Jitendra Yadav, aged about 23 years, Male, Son of Geno Yadav @ Gono Yadav, Resident of Village - Banarsi Rai Tola, Tikarampur, P.S.- Muffasil, Distt - Munger 4.
Mithun Yadav @ Mithun Kumar @ Mithun Kumay, aged about 19 years, Male, Son of Geno Yadav @ Gono Yadav, Resident of Village - Banarsi Rai Tola, Tikarampur, P.S.- Muffasil, Distt - Munger 5.
Anita Devi, aged about 49 years, Female, Wife of Jai Jai Ram Yadav, Resident of Village - Banarsi Rai Tola, Tikarampur, P.S.- Muffasil, Distt - Munger ... Petitioners
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Raj Kishor Prasad, Adv.
For the Opposite Party :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.
The petitioners seek pre-arrest bail in connection with Muffasil P.S. Case No. 168 of 2019 registered under Sections 341, 323, 325, 427, 379 and 34 of the Indian Penal Code and 27 of the Arms Act.
The accusation is that in the morning of 20.04.2019 Jai Jai Ram Yadav, along with four persons Shubham Yadav, Jitendra Yadav, Mithun Yadav and Gautam Kumar, were
Patna High Court CR. MISC. No.67276 of 2019(2) dt.15-11-2019 2/3 engaged to cut the what crop and started to carry the bundle, the informant, Arun Yadav, made protest, then, all started to abuse and entered in his house and started to cause assault. At that time, Suman Yadav, petitioner no. 2, caused injury with iron rod at his left hand, Jitendra Yadav, petitioner no. 3, fired in the air. When Meena Devi, wife of the informant, rushed to save, then, Anita Devi, petitioner no. 5, started to cause assault her and snatched her ear-rings. Jitendra Yadav, petitioner no. 3, took the cash of Rs.30,000/- from the box.
Submission is that in fact due to land dispute scuffle took place in which informant sustained injury in course of fleeing away from the place of occurrence. Further, submission is that while the occurrence is said to be of 20.04.2019, first information report has been lodged on 14.06.2019, after more than fifty days.
Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Muffasil P.S. Case No. 168 of 2019 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger, or the
Patna High Court CR. MISC. No.67276 of 2019(2) dt.15-11-2019 3/3 successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.
(Rajendra Kumar Mishra, J) Shamshad/- U T