Ramsharan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73615 of 2022 Arising Out of PS. Case No.-375 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== RAMSHARAN YADAV Son of Late Palat Yadav R/V- Murliganj, P.SMurliganj, Dist- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Durgesh Kumar, Adv.
For the Opposite Party/s :
Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-04-2023 Heard Mr. Durgesh Kumar, learned counsel for the petitioner and Mr. Md. Shakir Ahmad, Additional Public Prosecutor for the State.
2. Petitioner apprehends his arrest in connection with Murliganj PS Case No. 375/2022 registered for the offence punishable under Sections 147, 148, 149, 341, 324, 323, 307, 427, 379, 504 and 506 of the IPC and Section 27 of the Arms Act dated 18.08.2022.
3. As per First Information Report, the named accused persons along with petitioner and 50 to 100 unknown persons armed with lethal weapons attacked Ram Janaki Thakurbari Mutt, Gosain Tola, Murliganj, Madhepura and looted away the valuable things related to Thakurbari and attempted to take away idols kept in the Thakurbari. They also resorted to firing, assaulted the Mahanth and one villager, namely, Manoj Sah.
4. Learned counsel for the petitioner submits that the petitioner is seventy years old and is a retired lecturer. He further submits that in fact there is a dispute with regard to the
Patna High Court CR. MISC. No.73615 of 2022(2) dt.29-04-2023 2/2 fact that the petitioner was residing in the Thakurbari for a long time and the Mahanth and his associate wanted to oust the petitioner from the premises of Thakurbari where the petitioner was living. He next submits that now the petitioner has left the said premises.
5. Regards being had to the submissions made by the parties and taking into consideration the general and omnibus allegation levelled against the named accused persons including 50 to 100 unknown persons and the petitioner is 70 years old, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, let the petitioner, RAMSHARAN YADAV, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Murliganj PS Case No. 375/2022, subject to the condition as laid down under Section 438(2) CrPC.
(Anil Kumar Sinha, J) perwez U T