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Patna High CourtCR. MISC./48254/2021bail granted

Om Kumar Yadav @ Om Kumar v. The State Of Bihar

2022-01-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48254 of 2021 Arising Out of PS. Case No.-297 Year-2020 Thana- CHHATAPUR District- Supaul ====================================================== 1.

Om Kumar Yadav @ Om Kumar S/O Krishna Ballabh Yadav R/O VillageJori Pipar, P.S-Chhatapur, District-Supaul. 2.

Krishna Ballabh Yadav S/O Late Aniruddh Prasad Yadav R/O Village-Jori Pipar, P.S-Chhatapur, District-Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-01-2022 Heard learned counsel for the parties through video conferencing.

Petitioners pray for bail in Chhatapur P.S. Case No. 297 of 2020, registered for the offence under Section 307 & other allied sections of the Indian Penal Code. As per the prosecution case, petitioner no. 1 is alleged to have assaulted by dabiya on the head of Om Prakash Kumar and petitioner no. 2 assaulted by sword on the head of informant, on account of which, they fell down. It is submitted on behalf of petitioners that there is case and counter case and both sides sustained injury. Admittedly, there is land dispute between the parties. There is

Patna High Court CR. MISC. No.48254 of 2021(3) dt.13-01-2022 2/2 no allegation of repetition of blow against petitioners. Petitioners are in custody since 08.06.2021.

Learned counsel for the State and informant opposed the bail petition and submitted that injuries caused by these petitioners have been found to be grievous in nature. Considering the fact that there is case and counter case and both sides sustained injury, the bail petition of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul / concerned court in connection with Chhatapur P.S. Case No. 297 of 2020. (Prabhat Kumar Singh, J) anay/- U T