Anand Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8952 of 2024 Arising Out of PS. Case No.-234 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Anand Yadav S/O Nachari Yadav Vilage- Pilkhawar, Ward No. 11, Ps. Rajnagar, Dist.Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Jha, Advocate For the Opposite Party/s :
Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-02-2024
1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Rajnagar P.S. Case No. 234 of 2023 registered for the offences punishable under Section 143, 341, 323, 324, 307, 448, 380, 504 & 506 of the Indian Penal Code.
3. The allegation against the petitioner is to assault informant and others alongwith other co-accused persons causing head and other bodily injuries having intention to cause their death, where occurrence arises out of land disputes.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.8952 of 2024(2) dt.20-02-2024 2/3 petitioner submitted that regarding same occurrence before lodging present F.I.R. a complaint case was lodged before learned Chief Judicial Magistrate on 07.08.2023, which on the basis of compromise was withdrawn and same is evident from the order dated 22.09.2023 passed by learned Chief Judicial Magistrate, Madhubani. It is submitted that subsequently as an after thought, the present FIR was lodged. It is also submitted that the nature of injury as found upon medical examination is lacerated wound, which appears not corroborated, qua, weapons used during the occurrence. While concluding the argument it is submitted that petitioner found involved in two more cases, where he is on bail.
5. Learned APP appearing on behalf of the State, opposes the prayer for bail.
6. In view of the facts and circumstances and by taking note of the fact as matter appears compromise between the parties in terms of annexure no. IV, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is 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 Additional
Patna High Court CR. MISC. No.8952 of 2024(2) dt.20-02-2024 3/3 Chief Judicial Magistrate, 1st Class, Madhubani/concerned Court below where the case is pending in connection with Rajnagar P.S. Case No. 234 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T