Shivnandan Yadav @ Karu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26584 of 2022 Arising Out of PS. Case No.-231 Year-2021 Thana- JHAJHA District- Jamui ====================================================== 1.

SHIVNANDAN YADAV @ KARU Son of Bhikha Prasad Yadav R/O vill. - Oraiya, Post - Rajala, P.S.- Jhajha, Dist.- Jamui 2.

Shanti Yadav Son of Jivlal Yadav R/O vill. - Oraiya, Post - Rajala, P.S.- Jhajha, Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-09-2022 Heard the parties.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 506, 323, 406, 354(A), 147, 148, 149, 341, 324, 307, 379 of IPC. Allegedly, the petitioners assaulted the informant's side by means of several weapons due to which they sustained injuries.

Patna High Court CR. MISC. No.26584 of 2022(2) dt.01-09-2022 2/3 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. There is an admitted land dispute between the parties and both sides are agnates. In the alleged occurrence both sides sustained injuries and the injuries are simple in nature. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the injuries are simple in nature and there is a land dispute between the parties, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, 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 the learned court below where the case is

Patna High Court CR. MISC. No.26584 of 2022(2) dt.01-09-2022 3/3 pending/Successor Court in Jhajha P.S. Case No.231 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T