Mahendra Singh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41811 of 2024 Arising Out of PS. Case No.-337 Year-2023 Thana- DULHIN BAZAR District- Patna ====================================================== Mahendra Singh Yadav S/O- SHIVPUJAN YADAV R/O- VILLGULALCHAK, POST- SADAWAH, P.S- DULHIN BAZAR, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Sonakshi .

For the Opposite Party/s :

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2024 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 341, 323, 325, 307, 379, 448, 504, 506 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3.

The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 11-10-2023, a Panchayati was conducted for settling an issue of land dispute, when suddenly petitioner attacked the informant by sword causing injury on his shoulder, thereafter Vikas and Govinda, both sons of the petitioner, fired when informant ran and took shelter in his house, but Vikas and Govinda followed and assaulted him by butt of pistol and the

Patna High Court CR. MISC. No.41811 of 2024(2) dt.24-07-2024 2/3 petitioner again assaulted him by sword, further, alleges that even the grand-sons of the informant were assaulted and Vikas snatched golden locket of Rakesh.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case. It is next submitted that petitioner and the informant are agnates and they are having dispute relating to property for which a Panchayati was convened where an altercation took place and both sides assaulted each other. It is next submitted that though informant alleges that he was assaulted twice by sword by the petitioner, but then from perusal of injury report (Annexure-3), it would manifest that the injury suffered by the injured is simple in nature which amply demonstrates that petitioner never had any intention of committing a serious occurrence. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.41811 of 2024(2) dt.24-07-2024 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dulhin Bazar P.S. Case No. 337 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T