Arun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35909 of 2024 Arising Out of PS. Case No.-171 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== Arun Yadav Son of Triloki Yadav R/O Vill.- Narhaiya, Ward no. 9, P.S.- Chhatapur, Dist.- Supaul ... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Shekhar Singh, Adv For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2024 1.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 354, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. 3.
Learned counsel for the petitioner submits that petitioner has antecedent of five cases, but then he was acquitted in a case which was instituted against him in the year 2008 under Section 302 IPC. It is further submitted that on account of dispute relating to land, the petitioner has been implicated in other cases, it is next submitted that in the instant case also, the petitioner came to be implicated by the informant, who is his neighbour and on account of dispute relating to land, the instant
Patna High Court CR. MISC. No.35909 of 2024(3) dt.11-07-2024 2/3 FIR came to be instituted. It is further submitted, placing reliance on Annexure-2 to the anticipatory bail application, which is order of the S.D.O, Tirveniganj (Supaul) with respect to dispute relating to land in between the side of the petitioner and the informant, that the S.D.O. by his order dated 9-11-2022 has decided the case in favour of the petitioner. It is also submitted that though allegation against the accused persons is of assaulting the informant and his side but then against the petitioner, it is alleged that he assaulted the informant by Fersa causing injury on head and thereafter is alleged to have shot the brother of the informant by arrow causing injury on chest.
Learned counsel next submits that injury suffered by the injured on head is simple in nature, though one of the injures of the informant is grievous but that is not on vital part of the body and as far as injury of brother of the informant is alleged, the same is also simple in nature as has come in para-31 of the case diary. It is also submitted that petitioner will not abscond rather will cooperate in the investigation.
4.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.35909 of 2024(3) dt.11-07-2024 3/3 event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chhatapur P.S. Case No. 171 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. 6.
One of the bailors of the petitioner shall be his nephew, Mukesh Kumar.
(Satyavrat Verma, J) SUMIT/- U T