Kuldip Yadav @ Kulo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62268 of 2018 Arising Out of PS. Case No.-56 Year-2017 Thana- SONO District- Jamui ====================================================== Kuldip Yadav @ Kulo Yadav S/o Late Bandhu Yadav, R/o Vill.- Agahara, P.S.- Sono , District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Prasad For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323, 504/34 and 308 of the IPC.

The prosecution case as per the written report of Lakhan Yadav dated 4.4.2017 submitted to the SHO, Sono is to the effect that there was mediation with regard to dispute of the pathway for reaching to the well. It is alleged that contrary to the agreement, the petitioner constructed house on his share of the land without leaving the land for pathway and made the path in the entire area of land of the informant. On protest being made by the informnt, the informant was abused and assaulted. It is also alleged that co-accused Kameshwar Yadav lit the kitchen of the informant.

It is submitted by learned counsel for the petitioner that no

Patna High Court Cr.Misc. No.62268 of 2018(2) dt.11-12-2018 2/2 grievous injury has been caused to any one and on conclusion of investigation, charge sheet has been submitted under Sections 341,323 and 504/34 of the IPC, however, after differing with the final form, cognizance has been taken under Sections 341,323 504/34 and 308 of the IPC.

Considering the accusation being omnibus and general and the fact that there is counter version of the occurrence coupled with the accusation levelled in the background of land dispute, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Jamui in connection with Sono P.S. Case No.56 of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U