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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45999 of 2023 Arising Out of PS. Case No.-65 Year-2021 Thana- KOPA District- Saran ====================================================== PINTU YADAV @ PINTU KUMAR YADAV S/o- CHHATHU YADAV Village- Ujiyardes ke tola Dewariya Ps- Kopa Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-09-2023

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Kopa Police Station Case No. 65 of 2021, dated 30.03.2021, disclosing offences punishable under Sections 341/323/325/307/379/504/506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, as per the First Information Report, is that the petitioner, along with other accused persons, assaulted the informant and his nephew. It has been alleged that the petitioner assaulted the informant by means of knife, due to which he sustained injury in his head.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.45999 of 2023(2) dt.06-09-2023 2/3 petitioner has falsely been implicated in this case due to land dispute. He further submits that the injury caused to the informant is simple in nature, as would be evident from the injury report (Annexure 4). He further submits that five co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court, vide order, dated 08.02.2023, passed in Criminal Misc. No. 49903 of 2022.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the injury sustained by the informant is simple in nature, caused by hard and blunt substance; whereas the allegation against the petitioner is that he assaulted the informant by means of knife, which is sharp-cutting weapon and other co-accused persons have been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties

Patna High Court CR. MISC. No.45999 of 2023(2) dt.06-09-2023 3/3 of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class,, Saran, at Chapra, in connection with Kopa Police Station Case No. 65 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √