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Patna High CourtCR. MISC./64292/2019bail granted

Rameshwar Yadav v. The State Of Bihar

2019-10-23Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64292 of 2019 Arising Out of PS. Case No.-53 Year-2019 Thana- CHANAN District- Lakhisarai ====================================================== 1.

Rameshwar Yadav, Son of Late Pairu Yadav Resident of Village - Titaychak, P.S.- Chanan, Distt - Lakhisarai.

2.

Shyam Sundar Yadav Son of Naresh Yadav Resident of Village - Titaychak, P.S.- Chanan, Distt - Lakhisarai.

3.

Ajay Amit Son of Rameshwar Yadav Resident of Village - Titaychak, P.S.- Chanan, Distt - Lakhisarai.

4.

Mukeshwar Yadav @ Mukteshwar Yadav Son of Rameshwar Yadav Resident of Village - Titaychak, P.S.- Chanan, Distt - Lakhisarai. 5.

Naresh Yadav Son of Late Pairu Yadav Resident of Village - Titaychak, P.S.- Chanan, Distt - Lakhisarai.

6.

Anita Devi Wife of Ashok Yadav Resident of Village - Titaychak, P.S.- Chanan, Distt - Lakhisarai.

7.

Rina Devi Wife of Shyam Sundar Yadav Resident of Village - Titaychak, P.S.- Chanan, Distt - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-10-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Chanan P.S. Case no. 53 of 2019, registered under Sections 147, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

The accusation is that eleven persons named in the

Patna High Court CR. MISC. No.64292 of 2019(2) dt.23-10-2019 2/3 F.I.R., including the petitioners, variously armed with weapons came at the door of the informant Kameshwar Yadav @ Kamo and started to abuse and assault him. Thereafter, informant fell down on the ground after sustaining injury then his son, daughter-in-law and other family members rushed there then they were also assaulted by them. The cause of occurrence is land dispute.

Learned counsel for the petitioners submits that, in fact, occurrence of Marpit took place due to land dispute in which petitioners' side also sustained injuries regarding which Chanan P.S. Case No. 52 of 2019 was also instituted on 23.03.2019 on the basis of fardbeyan of co-accused Ashok Kumar Yadav against informant and others of the present case. Moreover, the injuries as found on the person of informant and others are simple in nature.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the ACJM-I, Lakhisarai in connection with Chanan P.S. Case No. 53 of 2019,

Patna High Court CR. MISC. No.64292 of 2019(2) dt.23-10-2019 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T