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Patna High CourtCR. MISC./2895/2025bail granted

Arvind Kumar @ Arvind Kumar Yadav @ Pintu v. The State Of Bihar

2025-02-12Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2895 of 2025 Arising Out of PS. Case No.-454 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

Arvind Kumar @ Arvind Kumar Yadav @ Pintu S/o- Rajdeo Yadav Resident of Sara Mohanpur P.S- Sadar, Dist- Darbhanga 2.

Sanjiv Kumar @ Sanjiv Kumar Yadav S/o- Rajdeo Yadav Resident of Sara Mohanpur P.S- Sadar, Dist- Darbhanga 3.

Rajdeo Yadav S/o- Lakhan Yadav @ Sarwan Yadav Resident of Sara Mohanpur P.S- Sadar, Dist- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Kumar, Adv For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-02-2025 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioners are named in the F.I.R. and apprehended their arrest in connection with Sadar P.S. Case No. 454 of 2023 registered for the offences punishable under Sections 341, 323, 307, 354(B), 379 and 504/34 of the Indian Penal Code.

3. The allegation against the petitioners is to assault informant and others during the course of occurrence

Patna High Court CR. MISC. No.2895 of 2025(2) dt.12-02-2025 2/3 which alleged to be arising out of previous land dispute. It is further held that during the course of occurrence informant received injuries on his head and upper arm, injury alleged to be caused by using farsa.

4. Learned counsel appearing on behalf of the petitioners submitted that the nature of injury which alleged to be caused by petitioners appears simple in nature upon medical examination. It is submitted that upon investigation police submitted charge-sheet under Section 308 of the IPC. It is also submitted that nature of injury not appears corroborated with the nature of weapon which alleged to be used to cause head injury. It is further submitted that for the land dispute Title Suit No. 219 of 2020 also appears pending between the parties. While concluding the argument it is submitted that petitioners are men of clean antecedent.

5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.

6. In view of the facts and circumstances and by taking note of the fact as nature of injury appears simple in nature negating intention to cause death on its face,

Patna High Court CR. MISC. No.2895 of 2025(2) dt.12-02-2025 3/3 accordingly all above named petitioners, in the event of their arrest or surrender before the learned trial court within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga/concerned trial court where the case is pending in connection with Sadar P.S. Case No. 454 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T