Bhola Yadav @ Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33557 of 2021 Arising Out of PS. Case No.-282 Year-2020 Thana- CHOUTARWA District- West Champaran ====================================================== 1.

BHOLA YADAV @ SURESH YADAV S/o Lakhendra Yadav @ Lalchand Yadav R/o village- Siswa Basantpur Bazar, P.S.- Chautarwa, District- West Champaran 2.

PARDUMAN YADAV @ PRADDYUMAN YADAV @ PRADHUMAN YADAV S/o Indal Yadav R/o village- Siswa Basantpur Bazar, P.S.- Chautarwa, District- West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-12-2021 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek regular bail in connection with Chautarwa Police Station Case No. 282 of 2020, registered for the offences punishable under Sections 323/324/307/341/354/ 379/385/504/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that while the informant was filling soil in her house, the petitioners, along with other accused persons arrived there and one Arun Yadav assaulted the informant by means of lathi on her head and the petitioners outraged her modesty by tearing

Patna High Court CR. MISC. No.33557 of 2021(2) dt.21-12-2021 2/3 her saree and when the father of the informant came to save her, the petitioners assaulted him by means of lathi and farsa on his head, due to which he sustained injuries on his head. Learned Counsel for the petitioners submits that both the parties are agnates and there is previous land dispute between them. He further submits that Chautarwa Police Station Case No. 259 of 2020 was lodged by the side of the petitioners against the side of the informant. He, referring to Annexure 2 (injury report of the father of the informant), submits that the injuries sustained by the father of the informant was found to be simple in nature, caused by hard and blunt substance. He next submits that the petitioners are in custody since 25.12.2020 and charge sheet has been submitted against the petitioners and as such, there is no likelihood that the petitioners will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that both the parties are agnates, there is land dispute between them, injuries caused to the father of the informant has been found to be simple in nature, charge sheet has already been submitted and the petitioners are in custody since 25.12.2020, I am inclined to

Patna High Court CR. MISC. No.33557 of 2021(2) dt.21-12-2021 3/3 grant regular bail to the petitioners.

This application is, accordingly, allowed.

Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, West Champaran, at Bagaha, in connection with Chautarwa Police Station Case No. 282 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √