Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30638 of 2021 Arising Out of PS. Case No.-16 Year-2020 Thana- PIPRASI District- West Champaran ====================================================== RAJESH YADAV Son of Dhruv Yadav Resident of Village - Ghorahwa, Achhailbar Tola, P.S.- Piparasi, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad Sharma, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-12-2021 Heard Mr. Suresh Prasad Sharma, learned counsel for the petitioner and Mr. Akshay Lal Pandit, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Piprasi PS Case No. 16/2020 registered for the offence punishable under Sections 341, 323, 307, 324, 379 and 325/34 of the IPC.

The allegation, as per First Information Report, is that the petitioner assaulted the nephew of the informant, namely, Om Prakash Kushwaha due to which, he received cut injury on his head.

Learned counsel for the petitioner submits that both the parties are neighbours and there is land dispute between them with regard to possession of two rooms. Learned counsel further submits that there is case and counter case between the parties inasmuch as Piprasi PS Case No. 17/2020 has been filed by the father of petitioner, for the occurrence which took place on the same date and time, against informant and his family

Patna High Court CR. MISC. No.30638 of 2021(2) dt.08-12-2021 2/2 members.

Learned counsel, referring to para-10 of the petition, submits that the injury caused to the victim has been found to be simple in nature. He next submits that the petitioner is in custody since 01.02.2021 having no criminal antecedents. 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 neighbours and there is land dispute between them, there is case and counter case between the parties, the injury caused to the victim has been found to be simple in nature and petitioner is in custody since 01.02.2021 having no criminal antecedents, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, RAJESH YADAV, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Mr. A.K. Sharma, learned Judicial Magistrate- 1st Class, Bagaha/successor court, in connection with Piprasi PS Case No. 16/2020.

(Anil Kumar Sinha, J) perwez U T