Ashok Kumar Yadav @ Ashok Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79995 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- GOBARDHANA District- West Champaran ====================================================== 1.
ASHOK KUMAR YADAV @ ASHOK YADAV Son of Sita Ram Yadav Resident of Village - Balua, P.S.- Gobardhana, Distt - West Champaran. 2.
Julam Mian @ Julfkar Ahmad @ Julum Mian Son of Mahamadin Mian @ Nijamudin Mina Resident of Village - Khairwa Tola, P.S.- Gobardhana, Distt - West Champaran.
3.
Akhilesh Sah Son of Chaturi Sah Resident of Village - Madhubani P.S.- Ramnagar, Distt - West Champaran.
4.
Rajharan Yadav Son of Ram Kishun Yadav Resident of Village - Bakhari Bazar, P.S.- Gobardhana, Distt - West Champaran. 5.
Ram Kishun Yadav Son of Bihari Yadav @ Ganesh Yadav Resident of Village - Bakhari Bazar, P.S.- Gobardhana, Distt - West Champaran. 6.
Arjun Rai Son of Bandhu Rai Resident of Village - Khairwa Tola, P.S.- Gobardhana, Distt - West Champaran.
7.
Prakash Sharma @ Om Prakash Sharma Son of Jhagru Sharma @ Ramnarayan Sharma Resident of Village - Khairwa Tola, P.S.- Gobardhana, Distt - West Champaran.
8.
Kumar Rai @ Shiv Kumar Rai Son of Jagdish Rai Resident of Village - Khairwa Tola, P.S.- Gobardhana, Distt - West Champaran. 9.
Manoj Rai Son of Mahgu Rai Resident of Village - Pachrukhiya, Khairwa Tola, P.S.- Gobardhana, Distt - West Champaran. 10.
Jakir Main @ Jakir Husain Ahamad @ Jakir Ahamad Son of Samsul Mian @ Ramsul Ahamad Resident of Village - Khairwa Tola, P.S.- Gobardhana, Distt - West Champaran.
11.
Kumar Sah @ Raj Kumar Sah Son of Santhu Sah @ Saryug Sah Resident of Village - Khairwa Tola, P.S.- Gobardhana, Distt - West Champaran. 12.
Gaya Sah Son of Bangali Sah Resident of Village - Khairwa Tola, P.S.- Gobardhana, Distt - West Champaran.
13.
Jalim Mian @ Jali Alam Son of Mahamadin Mian @ Nijamuddin Main Resident of Village - Khairwa Tola, P.S.- Gobardhana, Distt - West Champaran.
14.
Heeraman Yadav Son of Ramkishun Yadav Resident of Village -Bakhari Bazar, P.S.- Gobardhana, Distt - West Champaran. 15.
Hari Sah @ Harilal Sah Son of Dirpal Sah Resident of Village - Madhubani, P.S.- Ramnagar, Distt - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s
Patna High Court CR. MISC. No.79995 of 2019(2) dt.05-12-2019 2/3 ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar For the Opposite Party/s :
Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-12-2019 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Gobardhana P.S. Case No. 33 of 2019 registered for the offence punishable under sections 341, 323, 379,427, 504, 506 and 34 of the Indian Penal Code.
As per allegation made in the F.I.R., the accused persons including the 15 petitioners herein are said to have entered into the farmhouse of the informant and took away the produce and various other articles as detailed in the FIR, the total value of articles is said to be Rs. 10 lac. It is submitted by learned counsel for the petitioner that there is ongoing dispute between the parties with respect to the land, which is also related to a case being Gobardhana P.S. Case No. 26 of 2019 which finds mention in the body of the FIR of the instant case. It is further submitted that the allegations as levelled in the FIR are false and concocted and the value quantified of the articles is not only highly exaggerated but
Patna High Court CR. MISC. No.79995 of 2019(2) dt.05-12-2019 3/3 false. It is further submitted that besides the other case being Gobardhana P.S. Case No. 26 of 2019, the petitioners are not accused in any other case.
Having heard learned counsel for the parties and in view of the nature of allegation, this Court is inclined to grant anticipatory bail to the petitioners and they are directed to surrender in the court below within a period of six weeks from today and in the event of their arrest or surrender, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Bagaha, West Champaran in connection with Gobardhana P.S. Case No. 33 of 2019, subject to the condition as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T