Leela Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17711 of 2020 Arising Out of PS. Case No.-35 Year-2019 Thana- MADHEPUR District- Madhubani ====================================================== Leela Yadav, Son of Shyamdeo Yadav Resident of Village - Kamrail, P.S.- Marauna, Dist.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Madhepur P.S. Case No.35 of 2019 registered under sections 307, 147, 148, 149, 341, 323, 324, 354, 379, 504 and 506 of the Indian Penal Code.

As per allegation in the FIR, over a dispute in the agricultural field, it is stated that the five named accused persons including the petitioner herein came variously armed and started to assault the informant and others. It is stated that

Patna High Court CR. MISC. No.17711 of 2020(7) dt.04-01-2021 2/3 the petitioner assaulted the son of the informant with farsa on his head.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case due to land dispute between the parties. The injury report does not support the allegations made in the FIR for the reason that besides the injury on the son of the informant having been found to be simple in nature, the same is stated to have been caused by hard and blunt substance. No independent witness has supported the allegations. The petitioner has no criminal antecedent. The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration the submission made on behalf of the petitioner, the nature of allegations together with the injury report and the petitioner having no criminal antecedent, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Madhepur P.S. Case No.35 of 2019 he shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.17711 of 2020(7) dt.04-01-2021 3/3 two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Jhanjharpur, DistrictMadhubani, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) Prakash Narayan /- U T