This order grants bail to the petitioner in a criminal case involving assault and extortion arising from a land dispute. The court directs the lower court to consider bail conditioned on the petitioner's surrender within six weeks.
Prayer for regular bail granted conditioned on surrender within six weeks in connection with the pending case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14267 of 2016
Arising Out of PS.Case No. -138 Year- 2016 Thana -ARA NAGAR District- BHOJPUR
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Dinesh Yadav Son of Lala Yadav
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Ataul Haque, Advocate
For the Opposite Party/s : Mr. Ambika Bhagat (A.Pp)
======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
2 01-04-2016 Heard learned counsels for the petitioner and the
State.
The petitioner is apprehending arrest in a case
registered for the offences punishable under Sections 341, 323,
307, 379, 504, 384 and 34 of the Indian Penal Code.
Prosecution case is that the informant and his brother
purchased six katha of land in 1990 to 1993 and during fencing
of the land the accused persons came and demanded extortion.
On protest being made the petitioner assaulted on the head of
the informant with iron rod.
It is submitted by learned counsel for the petitioner
that in the background of land dispute the accusation has been
levelled.
Mr. Ambika Bhagat, learned special PP submits that
Patna High Court Cr.Misc. No.14267 of 2016 (2) dt.01-04-2016
2/2
there is specific accusation of assault.
The aforesaid facts constitute ground for consideration of prayer for regular bail.
Let the learned Court below consider the prayer for regular bail of the petitioner keeping in view of the fact the in the background of land dispute and pending title suit the accusation has been levelled, if the petitioner surrenders within a period of six weeks in connection with Ara Town P.S. Case No.138/2016, pending before the learned CJM, Bhojpur at Ara.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J)
Ashwini/-
U T
2 issues framed by the court
Whether the prayer for regular bail in a land dispute case should be granted.
Whether the petitioner should surrender within six weeks in connection with the pending case.
Dinesh Yadav
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
