Kamal Narayan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77878 of 2018 Arising Out of PS. Case No.-229 Year-2018 Thana- KISHUNPUR District- Supaul ======================================================

1. Kamal Narayan Yadav Son of Late Anandi Yadav

2. Manoj Yadav son of Kamal Narayan Yadav

3. Dayaram Yadav Son of Late Anandi Yadav All Resident of Village - Tulapatti, P.S. Kishanpur, Distt. - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2019 This application for grant of anticipatory bail in connection with Kishanpur P.S. Case No. 229 of 2018, disclosing offences under Sections 341, 323, 324, 379, 447, 448, 307, 354 (A), 504, 506, 143 of the Indian Penal Code. Allegation against petitioner no.3 is of assault by farsa on the head of the informant causing injury to him, allegation against petitioner no.1 is of order giver and allegation against petitioner no.2 is of try to outrage the modesty of daughter-in-law of the informant.

Submission of learned counsel for the petitioners is that there is land dispute between the parties and also there is case and counter case between the parties.

Heard learned A.P.P. also, who opposed the prayer for

Patna High Court Cr.Misc. No.77878 of 2018(2) dt.03-01-2019 2/2 anticipatory bail of the petitioners stating that the injury of the informant is grievous in nature.

Having heard both sides, considering the above submission, so far petitioner nos. 1 & 2 are concerned, this application is allowed. Let petitioner nos. 1 & 2, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Kishanpur P.S. Case No. 229 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. So far petitioner no. 3 is concerned, I am not inclined to grant him privilege of anticipatory bail, rather he should surrender and pray for regular bail, which will be considered on its own merit without being prejudice by order of this Court. Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/- U T