Lal Baua Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19852 of 2020 Arising Out of PS. Case No.-9 Year-2020 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== LAL BAUA YADAV Son of Sri Turant Yadav Resident of Village- Naruar Kanholi Tola, P.S.- Bhairabasthan, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binodanand Mishra, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP For the Informant :

Mr. Madhav Raj, Advocate Mr. Ansul, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2020 Heard learned counsel for the petitioner, learned counsel for the informant who appears suo motu and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Bhairavshthan P.S. Case no. 9 of 2020 registered under sections 307, 143, 341, 323, 324, 337, 504 and 506 of the Indian Penal Code.

As per allegation in the FIR, over a dispute relating to encircling of khalihan it is stated that the petitioner and other accused persons came variously armed and the petitioner struck Ramsevak Yadav with a farsa.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.19852 of 2020(5) dt.23-12-2020 2/3 that the allegations as narrated in the FIR are incorrect. There was a minor dispute relating to immovable property. Further, referring to the genealogical table which has been brought on record as Annexure 4, it is submitted that both the parties are agnates and subsequent to lodging of the case the differences have been settled amicably. The petitioner has no criminal antecedent.

The application for bail is opposed by learned counsel for the State. Learned counsel for the informant who appears suo motu submits that he has instruction to the effect that the differences have been settled between the parties. Having heard learned counsel for the parties and taking into consideration the fact that the petitioner has 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 Bhairavshthan P.S. Case no. 9 of 2020 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani subject to the conditions as

Patna High Court CR. MISC. No.19852 of 2020(5) dt.23-12-2020 3/3 laid down under section 438(2) of the Cr.P.C . (Partha Sarthy, J) Prakash/- U