Sri Kant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22765 of 2019 Arising Out of PS. Case No.-119 Year-2018 Thana- BARABAR TOURIST DistrictJehanabad ====================================================== 1.

Sri Kant Yadav, aged about 23 years, Male, Son of Radheshyam Yadav, Resident of Village - Dharaut, P.S.- Barabar Paraytak, Bishunganj, O.P.- Distt.- Jehanabad.

2.

Manish Yadav, aged about 22 years, Male, Son of Agti Yadav, Resident of Village - Dharaut, P.S.- Barabar Paraytak, Bishunganj, O.P.- Distt.- Jehanabad.

3.

Bablu Yadav, aged about 20 years, Male, Son of Awadhesh Yadav, Resident of Village - Dharaut, P.S.- Barabar Paraytak, Bishunganj, O.P.- Distt.- Jehanabad.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Arvind Prasad Singh, Advocate For the Opposite Party :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-08-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Barabar Tourism (Bishunganj O. P.) P. S. Case No. 119 of 2018 registered for the offences punishable under Sections 147, 148, 149, 341, 323 and 307 of the Indian Penal Code. The allegation against the petitioners, as per F.I.R., is that on 27.10.2018, when informant was coming towards his house from the field, the petitioners along with other accused persons started assaulting him by means of iron rod, lathi and pasuli etc., causing head injury to him.

Learned counsel appearing for the petitioners submits

Patna High Court CR. MISC. No.22765 of 2019(5) dt.01-08-2019 2/2 that the petitioners have falsely been implicated in this case, yet there is a dispute of irrigation of agricultural land between the petitioners and the informant and prior to lodging of the present case, the petitioners had lodged Barabar Tourism (Bishunganj O.P.) P. S. Case No. 118/18 relating to the same dispute of irrigation of land. He, further, submits that all the petitioners are family members and the parties are co-villagers. The injuries caused to the informant are simple in nature as is evident from the perusal of injury report.

After having heard learned counsel for the petitioners and learned counsel for the State as well as taking into consideration the fact that both the parties belong to the same village and there is case and counter-case between the parties as well as injuries caused to the informant are simple in nature, as such I am inclined to grant anticipatory bail to the petitioners. Accordingly, the provisional bail granted to the petitioners, vide order, dated 10.04.2019, is, hereby, confirmed and the bail bonds furnished by the petitioners in the court below shall be treated to be bond furnished pursuant to this order.

(Anil Kumar Sinha, J) Rajeev Kumar/- U T