Dukhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16548 of 2023 Arising Out of PS. Case No.-22 Year-2022 Thana- VISHNUPAD District- Gaya ====================================================== 1.

DUKHAN YADAV S/O- Dhuri Yadav Mohalla- Madanpur Laddugali PsVishnupad Dist- Gaya 2.

Sunil Yadav S/O- Dukhan Yadav Mohalla- Madanpur Laddugali PsVishnupad Dist- Gaya 3.

Sonu Kumar S/o- Dukhan Yadav Mohalla- Madanpur Laddugali PsVishnupad Dist- Gaya 4.

Suraj Kumar S/o- Dukhan Yadav Mohalla- Madanpur Laddugali PsVishnupad Dist- Gaya 5.

Shrawan Yadav @ Shrawan Kumar S/o- Dukhan Yadav Mohalla- Madanpur Laddugali Ps- Vishnupad Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-05-2023 Heard Mr. Vinod Kumar, learned counsel for the petitioners and Mr. Yogendra Kumar Singh, learned Additional Public Prosecutor appearing for the State.

Petitioners apprehend their arrest in connection with Vishnupad P.S. Case No. 22 of 2022 dated 07.02.2022 registered for the offences punishable under Sections 341, 323, 308, 504, 506, 34 of the Indian Penal Code.

As per the prosecution story, petitioners entered into

Patna High Court CR. MISC. No.16548 of 2023(2) dt.29-05-2023 2/3 the house of the informant on 06.02.2022 and started abusing and assaulted the informant by means of lathi, danda etc. and when one relative of the informant intervened in the matter, she was also assaulted by the accused persons, due to which, informant and his relative sustained injuries on head. Learned counsel for the petitioners submits that both the parties are co-sharers and there is a land dispute between them. He further submits that the petitioners have falsely been implicated in the present case due to land dispute. He next submits that no serious injury has been caused to the informant and his relative.

Regards being had to the submission made by the parties and taking into consideration the fact that the both the parties are co-sharers, there is land dispute between them and the injury report has not been brought on record by the prosecution, I am inclined to grant anticipatory bail to the petitioners.

This application is accordingly allowed.

Accordingly, in the event of arrest or surrender before the Court below within six weeks from today, petitioners, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of

Patna High Court CR. MISC. No.16548 of 2023(2) dt.29-05-2023 3/3 the like amount each to the satisfaction of learned C.J.M. Gaya, in connection with Vishnupad P.S. Case No. 22 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) maynaz/- U T