Birendra Kumar @ Birendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9733 of 2022 Arising Out of PS. Case No.-347 Year-2020 Thana- SHAMBHUGANJ District- Banka ====================================================== Birendra Kumar @ Birendra Yadav Son of Bhola Yadav Resident of Village - Chautra , P.S. - Shambhuganj, District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Shambhuganj P.S. Case No. 347 of 2020, registered for the offences punishable under Sections 307, 379 and other allied sections of the Indian Penal Code.

As per the prosecution case, on 18.12.2020 while informant and one Mrityunjay Kumar were working in their field in the meantime, all the accused persons including petitioner came there and started abusing. On protest, the accused persons assaulted the informant with lathi causing fracture on the hand of informant. When nephew of informant Mritunjay Kumar came to save him he was also assaulted by the co-accused Domi Yadav with lathi causing injury on his mouth. Co-accused Kuso Yadav took Rs. 10,000/- out of the pocket of

Patna High Court CR. MISC. No.9733 of 2022(2) dt.04-08-2022 2/2 informant.

It is submitted that both parties are Gotia and due to land dispute scuffle took place in which both sides sustained injury. Case and counter case. Specific allegation of assault is against other co-accused persons. Petitioner has got clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Banka in connection with Shambhuganj P.S. Case No. 347 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T