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Patna High CourtCR. MISC./3971/2023bail granted

Pulkit Yadav v. The State Of Bihar

2023-05-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3971 of 2023 Arising Out of PS. Case No.-145 Year-2022 Thana- CHAUSA District- Madhepura ====================================================== 1.

Pulkit Yadav Son Of Late Baldeo Yadav Resident Of Village - Dhuria, Ward No.- 9, P.S.- Chausa, District - Madhepura.

2.

Tufan Yadav @ Toopaj @ Tufani Yadav Son Of Pulkit Yadav Resident Of Village - Dhuria, Ward No.- 9, P.S.- Chausa, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Barun Kumar Singh For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 354(A), 504, 506 and 34 of the Indian Penal Code. Petitioner no. 1 is said to have assaulted with lathi causing injury on the head of the Nitish. Petitioner no. 2 is said to have assaulted on the leg of the informant and also took out a purse containing Rs. 700/-.

Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the petitioners and the

Patna High Court CR. MISC. No.3971 of 2023(2) dt.04-05-2023 2/2 informant are co-sharer and there is land dispute between them. He further submits that there is case and counter case between the parties. He submits that both sides have sustained injuries, the dimension of the injury is mentioned in the impugned order but the nature of the injury is not mentioned. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Having regard to the facts and circumstances of the case and the dimension of the injury, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Chausa P.S. Case No.145 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T