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Patna High CourtCR. MISC./13480/2023allowed

Vikash Yadav @ Vikash Kumar Yadav v. The State Of Bihar

2023-04-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13480 of 2023 Arising Out of PS. Case No.-299 Year-2021 Thana- CHHATAPUR District- Supaul ====================================================== VIKASH YADAV @ VIKASH KUMAR YADAV Son of Chandeshwari Yadav R/V- Ratansar, Ward no. 12, P.S- Chhatapur (Rajeshwari O.P) DistSupaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Kumar Mehta, Adv.

For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 326, 307, 379, 504 and 506/34 of the Indian Penal Code. Allegedly, petitioner along with other co-accused persons, came to the house of the informant and started abusing her and when her son raised objection, all the accused persons assaulted the informant and her son. They also snatched silver chain and Rs. 2000/-.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Both the parties are agnates. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive.

Patna High Court CR. MISC. No.13480 of 2023(2) dt.29-04-2023 2/2 The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. There is case and counter case between the parties. Both sides have sustained injuries. Though there is specific allegation against the petitioner that he assaulted one Manoj Kumar on his head, but as per the injury report, no any injury on head was found. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as there is land dispute between the parties and both sides have sustained injuries, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chhatapur (Rajeshwari O.P.) P.S. Case No. 299 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T