Kailash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73050 of 2019 Arising Out of PS. Case No.-133 Year-2019 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Kailash Yadav Son of Late Badan Yadav Resident of Village - Chousa, Bahadurpur, P.S.- Buxar (Muffasil), Dist.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Gupta For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Buxar (Muffasil) P.S. Case No. 133 of 2019 registered under Sections 341, 323, 325, 379, 504, 506, 354/34 of the Indian Penal Code.

The accusation is that in the morning of 12.05.2019 informant, Ramashankar Singh along with other family members were sitting at his door, at that time eleven persons named in the F.I.R. including the petitioner came there having lathi, Danda and assaulted him. When daughters of the informant rushed to save the informant then Deepak Yadav, Rohit Yadav, Baban Yadav and petitioner laid them on ground with the bad intention and torn clothes and his elder daughter

Patna High Court CR. MISC. No.73050 of 2019(2) dt.19-11-2019 2/2 Suman sustained fracture injury in her hand. When the Dharmsheela Devi wife of the informant rushed to save her daughters then Chanda Devi, Fagu and Bipul caused injury to Dharmsheela Devi and snatched her gold chain. Learned counsel for the petitioner submits that petitioner and informant are gotiyas and due to land dispute the occurrence had taken place. The injuries as found on the person of informant and others are simple in nature while the petitioner named in the F.I.R. along with ten other persons but no specific overt act has been attributed against except the laid the daughters of informant on the ground with bad intention.

Having considered the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or 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 learned Chief Judicial Magistrate, Buxar, in connection with Buxar (Muffasil) P.S. Case No. 133 of 2019 , subject to the conditions laid down under Section 438(2) Cr.P.C.