Arun Yadav @ Arun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33428 of 2024 Arising Out of PS. Case No.-236 Year-2023 Thana- MANPUR District- Nalanda ====================================================== 1.
Arun Yadav @ Arun Kumar, Gender- Male, aged about 61 years, son of Late Nand Kishore Yadav, 2.
Jitendra Kumar @ Pappu, Gender-male, aged about 19 years, son of Arun Yadav @ Arun Kumar, Both resident of Village- Belchhi Sharif, P.S- Manpur, Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bishwa Bijay Kumar, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP For the Informant :
Mr. Sanjay Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-07-2024 Prayer of the petitioner no. 1, Arun Yadav @ Arun Kumar, for grant of bail has already been dismissed as withdrawn vide order dated 22.05.2024. Now, this application is confined for petitioner no.2 only.
2. Heard learned counsel for the petitioner no. 2; learned Additional Public Prosecutor for the State and learned counsel for the informant, who has appeared suo motu.
3. The petitioner no.2 apprehends arrest in connection with Manpur PS Case No.236 of 2023 dated 17.12.2023, instituted under Sections 341, 323, 307, 337, 338, 506/34 of the Indian Penal Code.
4. The allegation against the petitioner is that he along
Patna High Court CR. MISC. No.33428 of 2024(4) dt.12-07-2024 2/3 with other family members assaulted the mother of the informant by means of bricks due to which she sustained head injury.
5. Learned counsel for the petitioner no.2 submits that the petitioner is innocent and he has been falsely implicated in this case. There is no specific allegation against the petitioner, rather, the allegation is general and omnibus. Further submission is that there is land dispute between the parties. Both the parties are agnates. Lastly, it is submitted that one criminal case is pending against the petitioner.
6. Learned APP as well as learned counsel for the informant has opposed the prayer for bail. It is submitted that due to assault by the accused persons the mother of the informant received grievous injury.
7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner no.2 (Jitendra Kumar @ Pappu) be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, 1st, Nalanda at Biharsharif, in Manpur PS Case No.236 of 2023, subject to the
Patna High Court CR. MISC. No.33428 of 2024(4) dt.12-07-2024 3/3 conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
8. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T