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Patna High CourtCR. MISC./30432/2021bail granted

Anil Yadav @ Anil Kumar Yadav v. The State Of Bihar

2021-12-07Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30432 of 2021 Arising Out of PS. Case No.-115 Year-2019 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.

ANIL YADAV @ ANIL KUMAR YADAV S/O PARMESHWER YADAV R/O VILLAGE-KUMIAHI, P.S-TRIBENIGANJ, DISTRICT-SUPAUL. 2.

SUNIL YADAV @ SUNIL KUMAR YADAV @ SUNIL KUMAR S/O PRAMESHWER YADAV R/O VILLAGE-KUMIAHI, P.S-TRIBENIGANJ, DISTRICT-SUPAUL.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-12-2021 Heard Mr. Arun, learned counsel for the petitioners and Mr. Md. Ataur Rahman, Additional Public Prosecutor for the State.

Petitioners seek regular bail in connection with Tribeniganj PS Case No. 115/2019 registered for the offence punishable under Sections 341, 323, 325, 307, 379, 504/34 of the IPC.

The allegation, against the petitioners as per First Information Report, is that the petitioners assaulted the informant by means of iron rod and Farsa.

Learned counsel for the petitioners submits that both the parties are neighbours and there is land dispute between them. He further submits that there is case and counter case between the parties inasmuch as for the offence which has taken place on the same date and time an FIR has been lodged by

Patna High Court CR. MISC. No.30432 of 2021(2) dt.07-12-2021 2/2 petitioner bearing Tribeniganj PS Case No. 122/2019 against informant and others. Learned counsel next submits that petitioners are in custody since 18.01.2021 and the charge-sheet has already been submitted by the police.

Regard being had to the submissions made by the parties and taking into consideration the material on record and the fact that both the parties are co-villagers, there is case and counter case between the parties, petitioners are in custody since 18.01.2021 and the charge-sheet has already been submitted in the matter, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioners, namely, 1. ANIL YADAV @ ANIL KUMAR YADAV and 2. SUNIL YADAV @ SUNIL KUMAR YADAV @ SUNIL KUMAR 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 learned Additional Chief Judicial Magistrate-1st, Supaul in connection with Tribeniganj PS Case No. 115/2019. (Anil Kumar Sinha, J) perwez U T