Ganesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38131 of 2022 Arising Out of PS. Case No.-385 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== 1.

Ganesh Yadav Son Of Late Sukhdeo Yadav R/O Village- Bariyahi Chandan, P.S.- Barauni, District- Begusarai 2.

Shankar Yadav Son Of Late Sukhdeo Yadav R/O Village- Bariyahi Chandan, P.S.- Barauni, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nakul Kumar Jamuar For the Opposite Party/s :

Mr. Kumar Veerendra Narayan Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

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. Learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.2 as he has already been arrested by the police during pendency of this application.

Permission is granted.

Accordingly, this anticipatory bail application is dismissed as withdrawn so far as petitioner no.2 is concerned. Now, this application is being heard for consideration

Patna High Court CR. MISC. No.38131 of 2022(2) dt.29-09-2022 2/2 of anticipatory bail as against the petitioner no.1 only. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that the injury found upon the victim is simple in nature. He submits that there is land dispute between the parties. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail. Considering the facts that there is land dispute between the parties and injury found upon the victim is simple in nature, let the above named petitioner no.1, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Barauni P.S. Case No. 385 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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