Dongra Yadav @ Mohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55153 of 2017 Arising Out of PS.Case No. -69 Year- 2015 Thana -SHAMBHUGANJ District- BANKA ====================================================== Dongra Yadav @ Mohan Yadav, son of Nand Kishore Yadav, resident of village- Shahpur, P.S. Shambhuganj, District - Banka. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 27-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Shambhuganj P.S. Case No.69 of 2015 registered under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that Nand Kishore Yadav was carrying the tractor of Ramashish Singh to the Khaliyan of the informant. When Nita Devi, the wife of the informant, made protest, he started to abuse her. On hulla, the informant reached there and tried to pacify the matter. In the meantime, Dilip Yadav alias Manohar Yadav, Ganpat Yadav, Pandav Yadav, all sons of Ram

Patna High Court Cr.Misc. No.55153 of 2017 (2) dt.27-11-2017 2/3 Yadav, came there and started to abuse the informant and caused assault to him through fists and slaps. When Suresh Yadav and Vittu Yadav, the brother and maternal grandson (nati) of the informant respectively, rushed to save the informant, at that time, Shrawan Yadav having lathi and danda in his hand came there and caused assault to the informant, his brother and grandson, due to which the brother of the informant sustained injury on his head whereas the grandson of the informant sustained injury on his right hand and the informant sustained injury on his jaw. When they were going for treatment on a pickup van at Shambhuganj, in the way, Ajay Yadav and this petitioner came on motorcycle and giving threatening made firing in air. When they started to get down from the pickup van, the petitioner and Ajay Yadav fled away leaving the motorcycle. In the occurrence of "Maar-Peet" Dilip Yadav took away the gold chain of Nita Devi, the wife of the informant.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the co-villager of the informant and has falsely been implicated in this case. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or

Patna High Court Cr.Misc. No.55153 of 2017 (2) dt.27-11-2017 3/3 surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Shambhuganj P.S. Case No.69 of 2015, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T