Gudari Yadav @ Rama Kant Singh v. The State of Bihar
Case at a glance
- Bench
- ANIL KUMAR SINHA
Provisions considered
- Indian Penal Code, 1860 ss. 34, 324, 341, 379, 504, 506
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA Mr.Rajani Ranjan Pd. Singh Mr.Ganesh Prasad Singh ORAL ORDER 2 23-10-2024
Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Piro Police Station Case No. 103 of 2024, dated
13.03.2024, disclosing offences punishable under Sections 341/379/504/506/324/34 of the Indian Penal Code.
The prosecution case, as per the First Information Report, is that in the afternoon of 08.03.2024, while the informant was in his field, the petitioner, along with other co- accused persons, assaulted him and the petitioner snatched cash amount of Rs. 1700/- from his pocket and a golden locket from his neck. It has further been alleged that co-accused Lakar Yadav assaulted the informant on Patna High Court CR. MISC. No.67602 of 2024(2) dt.23-10-2024 his mouth, nose and eyes.
Learned Counsel for the petitioner submits that there is dispute between the parties regarding irrigation of the field and a counter case has also been lodged by the side of the petitioner against the informant and others, bearing Piro Police Station Case No. 104 of 2024. The son of the petitioner has also sustained fracture injury of his hand. He further submits that the allegation against the petitioner is general and omnibus in nature and the specific allegation against him is that he snatched Rs. 1700/- from the pocket of the informant and a golden locket from his neck. The specific allegation of assault upon the informant on his mouth, nose and eyes is upon co-accused Lakar Yadav. From perusal of the impugned order, it appears hat the informant has sustained injuries in his nasal bone, upper lips, swelling near temporal region, which has been said to be grievous in nature, but the same may not be attributable to the petitioner in view of the specific allegation of assault against co-accused Lakar Yadav.
Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that Patna High Court CR. MISC. No.67602 of 2024(2) dt.23-10-2024 there appears to be land dispute between the parties, a counter case has also been lodged by the side of the petitioner for the incident which took place on the same date and time and the allegation against the petitioner is general and omnibus in nature, I am inclined to grant the petitioner privilege of anticipatory bail.
This application is, accordingly, allowed.
Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Chief Judicial Magistrate, Bhojpur, at Ara, in connection with Piro Police Station Case No. 103 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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