The High Court granted preventive bail to Pankaj Yadav and Raja Kumar Yadav in an FIR alleging assault and snatching, allowing arrest or surrender within six weeks subject to a Rs. 20,000 bail bond with sureties under Section 438(2) CrPC.
Enlargement on bail conditioned upon arrest/surrender within six weeks, bond of Rs. 20,000 each with two sureties.
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.18938 of 2024
Arising Out of PS. Case No.-99 Year-2023 Thana- DANDARI District- Begusarai
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amar Kumar Singh, Adv. Mr. Rahul Kumar Singh, Adv. For the informant : Mr. Shubhesh Pandey, Adv. Mr. Amit Kumar Mishra, Adv. For the State : Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 15-04-2024
Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2 . The petitioners are apprehending their arrest in a case in connection with Dandari P.S. Case No. 99 of 2023 dated 31.10.2023 registered for the offences punishable u/ss 341, 323, 379, 307, 504, 447, 506 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have come to the house of the informant and started abusing him. On being objected, they
Patna High Court CR. MISC. No.18938 of 2024(2) dt.15-04-2024 2/3
assaulted the informant fists, slaps, lathi and danda. The coaccused, Sita Ram Yadav caught hold of the hands of the informant and the co-accused, Jatan Yadav assaulted him with iron rod due to which, he sustained head injury. When the elder brother of the informant came to rescue the informant, he was also assaulted by the petitioners Pankaj Yadav and Raja Yadav @ Rambali Yadav. During the course of assault, the petitioners snatched the gold locket from the informant.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Both parties are own gotiya and the land dispute is admitted between them. The specific allegation of assaulting the informant with iron rod is against the co-accused, Jatan Yadav rather the allegation against the petitioners is general and omnibus. The allegation of snatching against the petitioners is ornamental. As per the injury report of the injured, the injury is stated to be grievous in nature which is on non vital part of the body. It is further submitted that the petitioners have no concern with the alleged offence. The petitioners have one criminal antecedent in which he is on bail as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State as well as learned
Patna High Court CR. MISC. No.18938 of 2024(2) dt.15-04-2024 3/3
counsel for the informant have vehemently opposed the bail petition of the petitioners and submitted that the petitioners assaulted the informant’s elder brother with lathi and danda due to which he sustained fracture injury on his hand.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Begusarai in connection with Dandari P.S. Case No. 99 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
1 issue framed by the court
Whether the petitioners should be granted preventive bail in the present CIR case involving charges of assault and snatching.
1 provisions across 1 enactments
Pankaj Yadav
Raja Kumar Yadav
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
