Sadanand Yadav v. The State Of Bihar
THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 11703 of 2020 =============================================================== 1.
Sadanand Yadav aged about 63 years, Gender-Male, son of Late Anandi Yadav. 2.
Rajiv Ranjan Yadav @ Rajiv Ranjan aged about 22 years, Gender-Male. 3.
Sanjeev Kumar @ Sanjeev Kumar Yadav @ Sanjeev Yadav aged about 34 years, Gender-Male Petitioner no.2 and petitioner no.3 are son of Sadanand Yadav and all are resident of village - Dhorhiya, P.S. Nadi, District - Bhagalpur ................
Petitioners
Versus
The State of Bihar ................. Opposite party =============================================================== Appearance For the Petitioners : Mr. Amrendra Kumar, Advocate For the State : Ms. Asha Kumari, APP =============================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25.08.2020 Heard learned counsel for the petitioners and learned A.P.P for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Nadi (River) P.S. Case No.2 of 2019 registered under sections 307, 341, 323, 448, 504 and 34 of the Indian Penal Code. As per allegation in the F.I.R, it is stated by the informant that on asking back for his money, the accused persons came and assaulted the informant and others. It is stated that they
abused and on protest, the petitioner no.3 assaulted the informant while the petitioner no.2 assaulted Rajesh Kumar. It is submitted by learned counsel for the petitioners that no occurrence as alleged in the F.I.R. has taken place, the petitioners and the informant are close relative as also next door neighbour. Over a minor dispute, some altercation had taken place between the parties which led to lodging of the case and counter case as contained in Annexures-1 and 2 to the petition. It is further submitted that from the injury report brought on record as also on perusal of the same in the case diary which has been received, it would transpire that the injures are simple in nature. It is submitted that the accused in the case lodged by the petitioners side have been enlarged on bail.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the nature of allegation together with the injury reports brought on record as also on perusal of the case diary, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Nadi (River) P.S. Case No.2 of 2019, they will be enlarged on bail on furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned ACJM 1st , Naugachhia, Bhagalpur, subject to the conditions as laid down in section 438 (2) of Criminal Procedure Code. (Partha Sarthy, J) Bibhash U T