Dinesh Kumar Yadav @ Dinesh Yadav Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85177 of 2023

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Arising Out of PS. Case No.-431 Year-2023 Thana- ROSERA District- Samastipur

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

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Dinesh Kumar Yadav @ Dinesh Yadav Son of Late Bangali Yadav R/o vill - Marrajeev, P.S. - Rosera, Distt. - Samastipur

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bindyachal Singh, Sr. Adv. Mr. Janmejay Giridhar, Adv. Mr. Ravi Ranjan, Adv. For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 18-01-2024

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Heard Mr. Bindyachal Singh, learned senior counsel

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along with Mr. Janmejay Giridhar, learned for the petitioner and Mr. Mritunjay Kumar Nirala, learned APP for the State.

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The petitioner apprehends his arrest in connection with Rosera P.S. Case No. 431 of 2023 registered for the offences punishable under Sections 341, 323, 324, 307, 354, 379, 504 and 506/34 of the Indian Penal Code.

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Allegedly, while the accused persons including the petitioner were trying to grab the land of the informant and when the protest was made by the informant’s side, the petitioner along with others assaulted the informant. The allegation against the petitioner is of assaulting the informant by means of khanti over his head due to which, he sustained serious

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Patna High Court CR. MISC. No.85177 of 2023(2) dt.18-01-2024 2/3

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injury.

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Learned senior counsel appearing on behalf of the petitioner, submits that from the narratives of the FIR, it is evident that the petitioner’s land is adjacent to the land of the informant and on account of some dispute over ingress and outgress from the land, a scuffle took place, wherein the persons of both the sides have sustained injuries. He further submits that the petitioner is a government servant and the allegation has been levelled against him that he along with his sons assaulted the informant. However, the sons of the petitioner have been allowed the privilege of anticipatory bail by the learned co-ordinate Bench of this Court vide order dated 29.11.2023 passed in Cr. Misc. No. 76696 of 2023. He next submits that the petitioner is a man of fair antecedent and subsequently both parties after realizing their mistake, have compromised the dispute, which has arisen in the premise of land dispute.

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On the other hand, learned counsel for the State opposes the bail application and submits that specific allegation has been levelled against the petitioner that he assaulted the informant by means of khanti causing grievous injury.

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Regard being had to the submissions made on behalf of the parties and considering the nature of dispute,

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Patna High Court CR. MISC. No.85177 of 2023(2) dt.18-01-2024 3/3

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which arose on account of land dispute between the parties and the petitioner is a government servant having fair antecedent and subsequently the parties have resolved their dispute, coupled with the fact that other co-accused persons have been allowed the privilege of anticipatory bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Rosera, Samastipur in connection with Rosera P.S. Case No. 431 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C, with further condition that one of the bailors shall be the own/close family members of the petitioner.

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(Harish Kumar, J)

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rohit/-

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U T

Dinesh Kumar Yadav @ Dinesh Yadav v. The State of Bihar

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Dinesh Kumar Yadav @ Dinesh Yadav v. The State of Bihar

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