Ramashish Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7892 of 2024 Arising Out of PS. Case No.-799 Year-2022 Thana- TEKARI District- Gaya ====================================================== 1.
RAMASHISH YADAV SON OF MANGAR YADAV RESIDENT OF VILLAGE - MAKHBA, P.S. - TEKARI, DISTRICT - GAYA 2.
DHARMENDRA KUMAR YADAV @ DHARMENDRA YADAV SON OF RAMASHISH YADAV RESIDENT OF VILLAGE - MAKHBA, P.S. - TEKARI, DISTRICT - GAYA 3.
SUGMAN KUMAR YADAV @ SUGAMAN YADAV SON OF RAMASHISH YADAV RESIDENT OF VILLAGE - MAKHBA, P.S. - TEKARI, DISTRICT - GAYA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. In the present case, the petitioners are apprehending their arrest in connection with Tekari PS Case No. 799/2022 registered on 20.11.2022 for the offences under Sections 341, 323, 324, 308, 379/34 of the IPC.
3. As per prosecution case, petitioners and other coaccused persons assaulted the informant and her husband by rod causing fracture of their heads. The informant received seven stitches on her head and a gold chain was also snatched from her.
Patna High Court CR. MISC. No.7892 of 2024(2) dt.22-02-2024 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. There is general and omnibus allegation against all the petitioners and no specific overt act has been attributed to them. The petitioners and informant sides are close agnates as is evident from the FIR and the case has been lodged due to agnatic dispute. There is no allegation about the petitioners carrying weapon and the petitioners are having no criminal history. Treatment papers of the informant and that of her husband do not show any serious injury. Only one injury on the head is being shown in the treatment paper of the informant.
5. Learned APP opposes the submissions made on behalf of the petitioners.
6. Having regard to the facts and circumstances and the submissions made on behalf of the parties and considering the relationship of the parties and non specific nature of allegation against the petitioners, let the petitioners, named above, in the event of arrest or surrender before the court concerned within a period of eight weeks from today, be released 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 Additional Chief Judicial Magistrate-IV,
Patna High Court CR. MISC. No.7892 of 2024(2) dt.22-02-2024 3/3 Gaya in connection with Tekari PS Case No. 799/2022, subject to the condition as laid down under Section 438(2) of the CrPC. (Arun Kumar Jha, J) perwez U T