Patna High CourtCR. MISC./92/2018bail granted

Mahesh Yadav v. The State Of Bihar

2018-02-01Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.92 of 2018 Arising Out of P.S.Case No. -21 Year- 2016 Thana -RAFIGANJ District- AURANGABAD ====================================================== Mahesh Yadav S/o Karoo Yadav, Resident of Village-Chand Bigha, P.S.- Rafiganj, District-Aurangabad.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bhaskar Shankar, Advocate For the Opposite Party : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 01-02-2018 Heard.

2. The petitioner apprehends arrest in connection with Rafiganj P.S.Case No.21 of 2016 registered for an offence under Sections 307 and other ancillary Sections of the IPC.

3. It has been submitted that the allegation of assault is omnibus against twelve persons. The petitioner and informant are cousin brothers and for land dispute the occurrence of assault took place. The informant sustained grievous injury on his leg and hand which is not the vital part of the body. The statement of the father of informant is recorded at para-11 of the case diary wherein, he has stated about the land dispute between the parties. It appears that the said land was in possession of the family of informant.

Patna High Court Cr.Misc. No.92 of 2018 (3) dt.01-02-2018 2/2

4. However, learned APP opposed the submissions.

5. Considering the fact that there is land dispute between the parties, the prayer for anticipatory bail is allowed. Let the above named petitioner in the even of his arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Aurangabad in connection with Rafiganj P.S.Case No.21 of 2016 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sanjay Kumar, J) B.Kr./- U T