Tarkeshwar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66576 of 2018 Arising Out of PS.Case No. -116 Year- 2018 Thana -JAMOBAZAR District- SIWAN ======================================================

1. Tarkeshwar Yadav, S/o Ram Naresh Yadav.

2. Dharmendra Yadav, S/o Kishori Yadav.

3. Mankeshwar Yadav.

4. Bhagrasan Yadav.

5. Nagina Yadav. 3 to 5 are S/o late Sant Yadav.

6. Sunil Yadav, S/o Bhagrasan Yadav. All R/o Vill- Gehua, P.S. Jamo Bajar, District- Siwan.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Ajay Kumar Pandey, Advocate. For the Opposite Party : Mr. Sir Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 341, 323, 324, 307, 379, 504, 506, 383 and 385 of the IPC.

The prosecution story, in brief, is that the informant was constructing his house, in the meantime, F.I.R. named accused persons came and started demanding Rs. 1,00,000/- as Rangdari otherwise, they will stop construction work of the house. On protest, Mar-pit took place. It is further alleged that petitioner

Patna High Court Cr.Misc. No.66576 of 2018 (2) dt.01-11-2018 2/3 no. 2 Dharmendra Yadav assaulted on his head with Dabia, coaccused Kishori Yadav assaulted with Lathi. Co-accused Sanjay Yadav assaulted Manoj Yadav who intervened in Mar-pit was armed with Dab and demanded Rangdari and also took away Mobile of Manoj Yadav and a golden chain worth Rs. 30,000/-. Petitioner no. 1 Tarkeshwar Yadav assaulted with Farsa on his head. Co-accused Ram Naresh Yadav assaulted with Lathi and Ravikant Yadav also assaulted Manoj Yadav. Co-accused Santu Yadav and petitioner no. 6 Sunil Yadav assaulted on his neck causing injury. Petitioner no. 3 Mankeshwar Yadav and coaccused Narayan Yadav assaulted Shambhu Yadav with rod on his head and took Mangalsutra and ear-ring of Kamlawati Devi. Petitioner no. 5 Nagina Yadav and petitioner no.

4 Bhagrasan Yadav assaulted on the head of Bhola Yadav with Iron rod. CoJitendra Yadav assaulted Kamlawati Devi by Bhala on her head and co-accused Ranjan Prasad assaulted her with Lathi. Accused persons also took Rs. 15,000/- from the informant. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case.

Patna High Court Cr.Misc. No.66576 of 2018 (2) dt.01-11-2018 3/3 between the parties. Nature of injury is said to be simple. No offence under Section 307 of the IPC is made out. Rests of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Siwan, in connection with Jamo Bajar P.S. Case No. 116 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T