Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17701 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.

Subhash Yadav, son of Late Shyamdev Yadav Resident of village-Pachariya, P.S-Rafiganj, Dist.-Aurangabad (Bihar) 2.

B.K. Yadav @ Vikash Yadav Son of Late Shyamdev Yadav Resident of village-Pachariya, P.S-Rafiganj, Dist.-Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Bahadur Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-07-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Rafiganj P.S. Case No.07 of 2019 for the offence punishable under Sections 341, 323, 325, 379, 307, 504/34 of the Indian Penal Code. The allegation against the petitioners is that the petitioners along with other co-accused persons assaulted the informant with lathi and petitioner No.2 assaulted uncle of the informant near fore head with lathi.

Learned counsel for the petitioners submits that both the parties are related to each other and there is case and counter case between them and on the same date of occurrence, another FIR has been lodged by the side of the petitioners bearing Rafiganj P.S. Case No.08 of 2019 by one Mahendra Singh who is brother of petitioner

Patna High Court CR. MISC. No.17701 of 2019(4) dt.16-07-2019 2/2 No.1. Learned counsel further submits that the injuries caused to the informant as well as uncle of the informant are simple in nature by hard and blunt substance.

After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that the parties are related to each other having land dispute and there is case and counter case and further injury caused to the informant and his uncle is minor in nature, as such, I am inclined to grant anticipatory bail to these petitioners. Accordingly, both the petitioners, named above, are directed to surrender before the learned Court below within a period of four weeks and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

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