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Patna High CourtCR. MISC./73973/2019bail granted

Ram Phal Yadav @ Ramfal Yadav v. The State Of Bihar

2019-11-20Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73973 of 2019 Arising Out of PS. Case No.-121 Year-2019 Thana- RANIGANJ District- Araria ====================================================== 1.

Ram Phal Yadav @ Ramfal Yadav Son of Late Mannu Yadav Resident of Village - Dhanha, Panchayat Kharsahi, P.S.- Raniganj, Distt - Araria. 2.

Santosh Yadav Son of Ramphal Yadav Resident of Village - Dhanha, Panchayat Kharsahi, P.S.- Raniganj, Distt - Araria. 3.

Yugesh Yadav Son of Ramphal Yadav Resident of Village - Dhanha, Panchayat Kharsahi, P.S.- Raniganj, Distt - Araria. 4.

Babloo Yadav Son of Ramphal Yadav Resident of Village - Dhanha, Panchayat Kharsahi, P.S.- Raniganj, Distt - Araria. 5.

Sanjay Yadav Son of Late Chandanand Yadav Resident of Village - Dhanha, Panchayat Kharsahi, P.S.- Raniganj, Distt - Araria. 6.

Ram Chandra Yadav @ Ram Chander Yadav Son of Late Mushahran Yadav Resident of Village - Dhanha, Panchayat Kharsahi, P.S.- Raniganj, Distt - Araria.

7.

Niraj Kumar @ Neeraj Yadav Son of Rajkumar Yadav Resident of Village - Dhanha, Panchayat Kharsahi, P.S.- Raniganj, Distt - Araria. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Anupa Nand Jha For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Raniganj P.S. Case No. 121 of 2019 registered for the offences punishable under Section 147, 148, 149, 341, 323, 324, 307, 354B, 379 and 504 of the Indian Penal Code. The allegation is regarding altercation having taken

Patna High Court CR. MISC. No.73973 of 2019(2) dt.20-11-2019 2/3 place in between the accused persons including the petitioners herein and the informant and her family members resulting in infliction of injury on the members of the prosecution party. Learned counsel for the petitioners submits that a bare perusal of the injury report annexed to the present petition would show that all the injuries sustained by the members of the prosecution party are simple in nature. It is further submitted that the present case arises out of case and a counter case and in fact the case lodged by the petitioners i.e. Raniganj P.S. Case No. 122 of 2019 has been lodged on the same day and it is a fact that the petitioners have also received grievous injuries. It is further submitted that the present case has been lodged against the petitioners falsely on account of some dispute in between the parties pertaining to cutting of Bamboo from the land in question.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Rupees Ten thousand) each with two sureties of the

Patna High Court CR. MISC. No.73973 of 2019(2) dt.20-11-2019 3/3 like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 121 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) mdrashid/- U T