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Patna High CourtCR. MISC./38809/2022allowed

Vijay Yadav v. The State Of Bihar

2022-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38809 of 2022 Arising Out of PS. Case No.-270 Year-2019 Thana- KOILWAR District- Bhojpur ====================================================== 1.

Vijay Yadav Son of - Mahendra Ray Resident of Village - Mokhalsa, P.s.- Koilwar, District - Bhojpur.

2.

Dilip Ray @ Dilip Yadav Sonof -Krishna Ray Resident of Village - Mokhalsa, P.s.- Koilwar, District - Bhojpur.

3.

Krishna Ray @ Krishna Yadav son of - Sudhar Ray Resident of Village - Mokhalsa, P.s.- Koilwar, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2022 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 Koilwar P.S. Case no. 270 of 2019 instituted for the offence under Sections 147, 149, 341, 323, 307, 379, 504, 506 of the Indian Penal Code.

Allegations against the petitioners are of abusing and assaulting to the informant and his family members by means of lathi-danda and iron rod due to which they sustained injuries. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed

Patna High Court CR. MISC. No.38809 of 2022(2) dt.01-12-2022 2/2 no offence. They have got no criminal antecedent. They have falsely been implicated in this case due to admitted land dispute between the parties. There is case and counter case, both parties sustained injuries as alleged in separate occurrence. There is no specific allegation of assaulting against the petitioners. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

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 Koilwar P.S. Case no. 270 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T