Ganesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23387 of 2020 Arising Out of PS. Case No.-24 Year-2020 Thana- ISHIPUR District- Bhagalpur ====================================================== 1.

Ganesh Yadav Son of Shital Yadav Resident of Village- Sabaiya, P.S.- (Ishipur- Barahat), District- Bhagalpur.

2.

Sikandar Yadav Son of Shital Yadav Resident of Village- Sabaiya, P.S.- (Ishipur- Barahat), District- Bhagalpur.

3.

Yogi Yadav Son of Shital Yadav Resident of Village- Sabaiya, P.S.-(IshipurBarahat), District- Bhagalpur. 4.

Sanjay Yadav Son of Basuki Yadav Resident of Village- Sarkanda, P.S.- Ishipur- Barahat, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-10-2020 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are apprehending arrest in connection with Ishipur (Barahat) P.S. Case No. 24 of 2020 for the offence under sections 341, 323, 324, 325, 379, 307, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners have no criminal antecedent and on account of land dispute there was free fight and there is case and counter case between the parties.

Mr. Ranjan Kumar Jha, learned counsel for the petitioners submits that in a situation where the informant side

Patna High Court CR. MISC. No.23387 of 2020(2) dt.09-10-2020 2/2 has brutally assaulted the petitioners side where the petitioners were constrained to right of private defence and in this process the other side sustained certain injuries but none of the injury is on the vital part and the parties are gotias and as such the petitioners deserve grant for anticipatory bail.

Considering the fact that petitioners have no criminal antecedent and also considering the submission of the counsel for the petitioners that the petitioners and the informant are gotias and there is land dispute, the Court is inclined to grant anticipatory bail to the petitioners, let the petitioners, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of communication of a copy of this order, be enlarged 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 A.C.J.M-VIII, Bhagalpur, in connection with Ishipur (Barahat) P.S. Case No. 24 of 2020 subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T