Disposed

Raja Ram Yadav v. the State of Bihar

Patna HC27 Aug 2019CR. MISC./53468/2019

Case brief

AI extract

What is this about?

This criminal miscellaneous writ petition challenged the apprehension of arrest. The court granted anticipatory bail to 15 petitioners in a land dispute case, observing the existence of a counter-case and simple injuries.

What did the court decide?

The petitioners be released on bail upon furnishing a bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai, within four weeks, sub

Raja Ram Yadav Vs the State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53468 of 2019

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Arising Out of PS. Case No.-180 Year-2019 Thana- BEGUSARAI MUFFASIL District-

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Begusarai

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======================================================

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RAJA RAM YADAV S/o Kari Yadav

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Mamta Devi W/o Raja Ram Yadav

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Bablu Kumar @ Bablu Yadav S/o Raja Ram Yadav

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Kajal Kumari D/o Raja Ram Yadav

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Mantun Jadav S/o Sahdeo Jadav

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Punita Devi W/o Mantun Yadav Resident of Sushil Nagar, P.S.- Singhaul O.P., District- Begusarai

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Joyti Kumari D/o Mantun Yadav

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Rahul Kumar S/o Mantun Yadav

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Pampam Kumari @ Ram Pam Kumari D/o Matlu Yadav

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Matlu Yadav @ Manoj Yadav S/o Late Balgovind Yadav

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Bebi Devi W/o Matlu Yadav All Resident of Sushil Nagar, P.S.- Singhaul O.P., District- Begusarai

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Sahdeo Yadav S/o Late Munshi Yadav

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Tetri Devi @ Tetri Yadav W/o Sahdeo Yadav

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Adhik Lal Yadav S/o Sahdeo Yadav

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Chamak Lal Yadav S/o Sahdeo Yadav All R/o village- Singhaul, P.S.- Singhaul O.P., District- Begusarai

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abul Kalam For the Opposite Party/s : Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 27-08-2019

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The petitioners apprehend their arrest in connection with Muffasil (Singhaul) P. S. Case No. 180 of 2019 registered under Sections 147, 149, 307, 323, 324, 341, 379, 447 and 504 of the Indian Penal Code.

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Allegation against the petitioners as per FIR is that

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Patna High Court CR. MISC. No.53468 of 2019(2) dt.27-08-2019 2/3

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petitioners, 15 in numbers, assaulted the informant, her children and husband and one Sita Devi, relative of the informant. The allegation of assault against petitioner nos. 1, 12 and 14 is upon the husband of the informant Santosh Yadav by means of rod, khanti and danda on his head. Further the allegation against petitioner nos. 4, 6,7,9 and 13 is not specific and is of assault on the children of the informant. The allegation against petitioner nos. 1 and 10 is of assault upon Sita Devi by means of rod and danda and allegation against petitioner nos. 12, 3 and 15 is of assault upon Manju Devi by means of rod and danda and allegation against petitioner nos. 2 and 8 is of assault to informant by means of danda .

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Learned counsel appearing on behalf of the petitioners submits that both parties are agnates and there is land dispute. He submits that there is case and counter case in between the parties and for the same incident, petitioner no. 3 Bablu Kumar has lodged Muffasil (Singhaul) P.S.Case No. 176 of 2019 dated 09.04.2019 whereas FIR lodged by the informant against the petitioners for an incident which is allegedly taken place on 09.04.2019 after lapse of two days on 11.04.2019 i.e., subsequent on time to the FIR lodged from the side of the petitioners. Learned counsel, relying upon Annexure-3 series submits that injuries caused to Santosh Yadav, Manju Devi as well as Sita Devi

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Patna High Court CR. MISC. No.53468 of 2019(2) dt.27-08-2019 3/3

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are simple in nature and with regard to injury caused to Sita Devi the opinion has been kept reserved by the doctor. He further submits that side of the prosecution has been released on anticipatory bail by the court below itself in an FIR lodged by the petitioner no. 3.

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After having heard learned counsel for the parties and taking into consideration the fact that both parties are agnates and there is land dispute and there is case and counter case in between the parties and the case lodged by the side of the petitioners is prior in time and further injuries caused to the victims are simple in nature, as such I am inclined to grant anticipatory bail to the petitioners.

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Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with Muffasil (Singhaul) P.S.Case No. 180 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Anil Kumar Sinha, J)

Raja Ram Yadav v. the State of Bihar

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Raja Ram Yadav v. the State of Bihar

Case brief

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