Dabloo Yadav @ Awadhesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24301 of 2023 Arising Out of PS. Case No.-592 Year-2015 Thana- COMPLAINT CASE District- Banka ====================================================== 1.

DABLOO YADAV @ AWADHESH YADAV Son of Tarni Yadav Resident of village - Bhaluwa, P.S.- Katoria, District - Banka 2.

Teklal Yadav Son of Late Bhim Yadav Resident of village - Bhaluwa, P.S.- Katoria, District - Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anil Kumar Yadav Son of Moti Yadav Resident of village - Hirna, P.S.- Katoria, District - Banka.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Nandad Prasad For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-07-2023 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Complaint Case No. 592 of 2015 disclosing offences under Sections 341/323/504/379 of the Indian Penal Code.

The allegation against the petitioners, on the basis of the complaint case filed by the opposite party no. 2, is that the petitioners assaulted the complainant by means of lathi causing injury and also snatched mobile phone and a sum of Rs.

Patna High Court CR. MISC. No.24301 of 2023(2) dt.07-07-2023 2/3 Seven Thousand from him.

Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in the present case due to family feud and dirty village politics. He further submits that the complainant is close-door neighbour of the petitioners and no injury report has been brought on record along with complaint by the opposite party no. 2. He next submits that nonbailable warrant has been issued against the petitioners on 09.03.2022, therefore, the petitioners have apprehension of arrest.

Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that both the parties are neighbours, accordingly, I am inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, 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 learned Additional Chief Judicial Magistrate 1st Class, Banka, in connection with Complaint Case

Patna High Court CR. MISC. No.24301 of 2023(2) dt.07-07-2023 3/3 No. 592 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) ashwani/- U √ T √