Ajay Yadav @ Ajay Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15908 of 2024

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Arising Out of PS. Case No.-264 Year-2023 Thana- SINGHESHWAR District- Madhepura

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

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Ajay Yadav @ Ajay Kumar Son of Rajeshwar Yadav R/o Village- Behrari Ward No.2, P.S.- Singheshwar, District- Madhepura

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Gajendra Yadav @ Gajay @ Gajendra Kumar S/o Rajeshwar Yadav R/o Village- Behrari Ward No.2, P.S.- Singheshwar, District- Madhepura

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Chandan Kumar S/o Rajeshwar Yadav R/o Village- Behrari Ward No.2, P.S.Singheshwar, District- Madhepura

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Rajeshwar Yadav S/o Late Girdhari Yadav R/o Village- Behrari Ward No.2, P.S.- Singheshwar, District- Madhepura

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Sanjay Yadav S/o Rameshwar Yadav @ Rajeshwar Yadav R/o VillageBehrari Ward No.2, P.S.- Singheshwar, District- Madhepura

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Arti Devi W/o Gajendra Yadav @ Gajayt @ Gqajendra Kumar R/o VillageBehrari Ward No.2, P.S.- Singheshwar, District- Madhepura

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 18-03-2024

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Heard Mr. Manoj Kumar, learned counsel appearing

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on behalf of the petitioners and the learned Additional Public Prosecutor for the State.

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The petitioners apprehend their arrest in connection with Singheshwar P.S. Case No. 264 of 2023, registered for the offences punishable under Sections 341, 323, 324, 307, 379, 354A, 504, 506, 147, 148 and 149 of the Indian Penal Code.

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It is alleged that all the FIR named accused persons

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Patna High Court CR. MISC. No.15908 of 2024(2) dt.18-03-2024 2/4

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including the petitioners variously armed, barged into the door of the informant and started abusing. On protest being made, petitioner no. 1 assaulted the informant with dabiya causing cut injury in the left hand of the informant, whereas the petitioner no. 2 assaulted the informant with iron rod on his back. There is further allegation of snatching of valuables and causing assault to the informant and others.

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Learned counsel appearing on behalf of the petitioners submits that admittedly there is a long standing land dispute going on between the parties resulting into initiation of proceeding under Section 107 and Section 144 of the Code of Criminal Procedure which are pending before the Sub Divisional Officer, Madhepura. There is a title suit no. 21 of 2023 filed by the father of the petitioner no. 1 and 3 against the informant and others, pending before the Sub Judge 1, Madhepura. Referring to the injuries report, the copies of which have been produced as Annexure 4 series, further submission has been made that all the injuries are simple in nature and on account of this land dispute all the family members have been made accused in this case. Moreover, the petitioners have fair antecedent and they undertake that they will fully cooperate in the investigation and in the proceeding of

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Patna High Court CR. MISC. No.15908 of 2024(2) dt.18-03-2024 3/4

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the Court.

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On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that there is a specific allegation of assault against petitioner no. 1 and 2.

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Regard being had to the submissions made on behalf of the parties and considering the genesis of the occurrence coupled with the pendency of title suit and other proceeding and the fair antecedent of the petitioners apart from the case and counter case, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Singheshwar P.S. Case No. 264 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners.

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(Harish Kumar, J)

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supratim/-

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Patna High Court CR. MISC. No.15908 of 2024(2) dt.18-03-2024 4/4

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U T

Ajay Yadav @ Ajay Kumar v. The State of Bihar

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Ajay Yadav @ Ajay Kumar v. The State of Bihar

Case brief

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