Bagar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17700 of 2024 Arising Out of PS. Case No.-161 Year-2023 Thana- SRINAGAR District- West Champaran ====================================================== 1.
BAGAR YADAV S/O LATE LAXUMAN YADAV @ LATE LAXMAN YADAV R/O SRINAGAR, TANDH TOLA, P.S- SRINAGAR (PUJHA), DISTT.- WEST CHAMPARAN.
2.
LORIK YADAV S/O LATE LAXUMAN YADAV @ LATE LAXMAN YADAV R/O SRINAGAR, TANDH TOLA, P.S- SRINAGAR (PUJHA), DISTT.- WEST CHAMPARAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Gupta For the Opposite Party/s :
Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-07-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek regular bail in connection with Srinagar P.S. Case No. 161 of 2023 registered for the offence punishable under Sections-341, 323, 325, 307, 379, 504, 506/34 of the Indian Penal Code.
3. Allegedly, in the backdrop of parking the tractor, the dispute arose between the parties and in consequence thereof, the accused persons started uttering abusing language to the informant. On protest, the accused persons, started beating the informant with stick and lathi, as a result of which, the
Patna High Court CR. MISC. No.17700 of 2024(5) dt.19-07-2024 2/3 informant and his brother suffered bleeding injury on his forehead. A gold chain is also said to have been snatched away in the occurrence.
4. Learned counsel for the petitioners has submitted that both the parties are agnates. There is case and counter case between the parties. Both the parties have suffered injuries and the case lodged by the defence side is earlier to the present case. His further submission is that the FIR itself shows that the occurrence had taken place on a trivial issue regarding parking of the tractor. It has also been submitted that the petitioners are the persons of clean antecedent and they have suffered incarceration for more than six months
5. On the otherhand, learned counsel appearing for the informant has opposed the prayer for bail by submitting that one of the injuries found on the forehead of the informant is grievous in nature.
6. Considering the aforesaid facts and circumstances as well as clean antecedent of the petitioners and also considering the period of incarceration, let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Mrs. Neha, learned Judicial
Patna High Court CR. MISC. No.17700 of 2024(5) dt.19-07-2024 3/3 Magistrate-Ist Class, Bettiah, West Champaran in connection with Srinagar P.S. Case No. 161 of 2023 with condition that the petitioners shall cooperate with the trial of the case and make themselves available as and when required by the court. (Nawneet Kumar Pandey, J) A.K.V.//- U T