Anil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24460 of 2021 Arising Out of PS. Case No.-88 Year-2020 Thana- NARDIGANJ District- Nawada ====================================================== ANIL YADAV SON OF BAIDHU YADAV R/O VILLAGE- KESHAURIYA, P..S- NARDIGANJ, DIST.- NAWADA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dineshwar Prasad Singh, Adv.
For the Opposite Party/s :
Mr.Binod Kumar, APP For the Informant :
Mr.Pankaj Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2021 Heard the parties through virtual court proceeding. The petitioner seeks bail in connection with Nardiganj P.S. Case No.88 of 2020, registered for the offence punishable under Sections 341, 323, 308, 379, 504, 506/34 of the IPC. The prosecution case in short is that on the alleged date of occurrence, petitioner along with seven accused persons came to his house and started abusing and on protest the petitioner gave a khanti blow, as a result of which blood started oozing from his head. Thereafter, Vikash Yadav came to rescue him but he was also assaulted by other accused. On alarm, the villagers came there after which the accused persons fled away after threatening of dire consequences. It is
Patna High Court CR. MISC. No.24460 of 2021(2) dt.18-08-2021 2/3 alleged that they also assaulted the female members and snatched gold articles.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence as alleged has ever taken place. He has been falsely implicated in this case due to enmity and land dispute. The parties are agnates and there is land dispute between them due to which often altercations take place among them. There is a case and counter-case between the parties. Petitioner has earlier filed a case against the informant of this case and thereafter the this counter-case has been filed against the petitioner. The petitioner has no criminal antecedent and has been languishing in custody since 18.12.2020.
Learned APP for the State and learned counsel for the Informant opposed the prayer for bail by submitting that there is specific allegation against the petitioner that he assaulted the informant by means of khanti due to which blood started oozing out from informant's head. The injury is grievous in nature.
Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on
Patna High Court CR. MISC. No.24460 of 2021(2) dt.18-08-2021 3/3 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 Chief Judicial Magistrate, Nawada, in connection with Nardiganj P.S. Case No.88 of 2020. (Anjani Kumar Sharan, J) pallavi/- U T