Vinay Kumar @ Binay @ Vinay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40094 of 2024 Arising Out of PS. Case No.-387 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== 1.
Vinay Kumar @ Binay @ Vinay Yadav Son of Ram Lekha Yadav R/O Vill.- Kusi Tola, Badri Bigha, P.S.- Madanpur, Dist.- Aurangabad, Bihar 2.
Pintu Kumar @ T.T. @ Pintu Yadav Son of Ram Lekha Yadav R/O Vill.- Kusi Tola, Badri Bigha, P.S.- Madanpur, Dist.- Aurangabad, Bihar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rupa Kumari For the Opposite Party/s :
Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-06-2024 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Muffasil P.S. Case no. 387 of 2022 instituted for the offence under Sections 147, 148, 149, 341, 324, 307, 504 and 506 of the Indian Penal Code.
Prosecution case in short, is that, petitioner No.1 assaulted one Manish Kumar(informant's family member) on his head by means of garasa and petitioner No.2 assaulted one Kamlesh Yadav(informant's family member) on his head by means of garasa due to which they sustained injuries. The
Patna High Court CR. MISC. No.40094 of 2024(2) dt.25-06-2024 2/3 reason behind this as alleged occurrence is said to be land dispute between the parties.
Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to existing land dispute between the parties. From perusal of the injury report, the injuries sustained on the person of Manish Kumar is simple in nature caused by hard and blunt substance whereas Kamlesh sustained four injuries and out of them, three injuries are simple and the fourth injury is grievous which is on his forearm and the same is not a vital part of the body. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Muffasil P.S. Case no. 387 of 2022, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad,
Patna High Court CR. MISC. No.40094 of 2024(2) dt.25-06-2024 3/3 Bihar subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Shubham/- U T