Suresh Prasad Yadav @ Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14605 of 2021 Arising Out of PS. Case No.-126 Year-2020 Thana- GOVINDPUR District- Nawada ====================================================== 1.

SURESH PRASAD YADAV @ SURESH YADAV Son of Ramlal Yadav Resident of Village - Karhara, P.S.- Govindpur, District - Nawada. 2.

Guddu Yadav Son of Suresh Prasad Yadav Resident of Village - Karhara, P.S.- Govindpur, District - Nawada.

3.

Ashok Yadav Son of Ramlal Yadav Resident of Village - Karhara, P.S.- Govindpur, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-01-2022 Heard Mr. Shankar Kumar, the learned counsel for the petitioner and the learned APP for the State. Mr Kumar seeks permission to withdraw the petition with respect to the petitioner no. 1, who has been arrested during the pendency of this petition. This application with respect to the petitioner no. 1/Suresh Prasad Yadav @ Suresh Yadav is dismissed as having become infructuous.

The petitioner nos. 2 and 3 seek bail in anticipation of their arrest in connection with Govindpur P.S. Case No.

Patna High Court CR. MISC. No.14605 of 2021(2) dt.06-01-2022 2/3 126 of 2020 instituted for the offences under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

An occurrence took place between the parties at the time of construction of road and drainage between. Two persons from each side have been injured; one of whom has received grievous injury.

The learned counsel for the petitioners has submitted that there is a counter version of the occurrence also vide Govindpur P.S. Case No. 125 of 2020. Some of the persons of the counter case have been granted anticipatory bail by a Bench of this Court.

Though one of the victims has received grievous injury but considering the background facts in which both sides have received injuries and the occurrence arose out of a dispute over construction of road and drainage, the petitioner nos. 2/ Guddu Yadav and the petitioner no. 3 / Ashok Yadav are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production

Patna High Court CR. MISC. No.14605 of 2021(2) dt.06-01-2022 3/3 of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Nawada in connection with Govindpur P.S. Case No. 126 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T