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Patna High CourtCR. MISC./19435/2021bail granted

Bittu Kumar @ Bittu Yadav v. The State Of Bihar

2022-01-11Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19435 of 2021 Arising Out of PS. Case No.-164 Year-2020 Thana- NARPATGANJ District- Araria ====================================================== BITTU KUMAR @ BITTU YADAV SON OF SURENDRA YADAV VILLAGE POSDAHA P.S. NARPATGANJ DISTRICT ARARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-01-2022 Heard Mr. Krishna Prasad Singh, learned Senior Advocate for the petitioner and Mr. Bharat Bhushan, learned Additional Public Prosecutor for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Narpatganj P. S. Case No. 164 of 2020 instituted for the offences under Sections 307, 354, 379, 341, 323, 504 and 506/34 of the Indian Penal Code. It is alleged in the F.I.R. that the petitioner assaulted the son of the informant by means of a hard and blunt substance. Her husband and another son were assaulted by the other accused persons. The injury suffered by the person who is said to have been assaulted by the petitioner is simple in nature. The other two victims of this case have also received simple injuries. Mr. Singh, learned senior counsel for the petitioner has pointed out that the husband of the informant and the father

Patna High Court CR. MISC. No.19435 of 2021(2) dt.11-01-2022 2/2 of the petitioner come from the same stock of family and there was some dispute with respect to a plot of land where the husband of the informant was trying to construct a toilet. On the protest made by the father of the petitioner against the aforesaid construction, an occurrence took place, in which both sides have received injuries.

The mother of the petitioner has filed a case against the informant of the subject F.I.R.

Regard being had to the facts afore-stated and taking into account that the petitioner comes from the same stock of family as that of the informant and the injured, he is directed to be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Araria in connection with Narpatganj P. S. Case No. 164 of 2020, subject to the condition as laid down under Section 438 (2) Cr. P.C.

The application stands allowed.

mantreshwar/- (Ashutosh Kumar, J) U T