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Patna High CourtCR. MISC./9271/2024disposed

Sajan Yadav @ Abdesh Kumar @ Avdesh Yadav v. The State Of Bihar

2024-03-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9271 of 2024 Arising Out of PS. Case No.-23 Year-2021 Thana- BHEJA District- Madhubani ====================================================== 1.

Sajan Yadav @ Abdesh Kumar @ Avdesh Yadav, Son of Late Asarfee Yadav Resident of Village Parataha barhara P.S. Nauhatta, District- Saharsa 2.

Baiju Yadav @ Baijnath Yadav, Son of Bhupendra Yadav R/o vill - Partaha, (Barhara), P.S. - Nauhatta, Distt. - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarbottam Kumar Sarkar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The learned counsel for the petitioners, at the outset, seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.1, namely, Sajan Yadav @ Abdesh Kumar @ Avdesh Yadav.

3. Permission is accorded.

4. Accordingly, instant petition is dismissed as withdrawn with respect to petitioner no.1, namely, Sajan Yadav @ Abdesh Kumar @ Avdesh Yadav.

5. The petitioner no.2 seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 386, 307, 427, 504, 506 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.9271 of 2024(2) dt.06-03-2024 2/2

6. The learned counsel for the petitioner submits that the petitioner no.2 has antecedent of one case and from perusal of the allegation as alleged in the F.I.R., it would manifest that the allegation of assault against the petitioner is not specific and on account of dispute relating to land, the present occurrence is alleged to have taken place.

7. Learned A.P.P. opposes the bail application.

8. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate1, Jhanjharpur, Madhubani in connection with Bheja P. S. Case No.23 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

9. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T