Pradeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 39765 of 2022 Arising Out of PS. Case No.-119 Year-2022 Thana- DURAULI District- Siwan ====================================================== 1.

PRADEEP YADAV SON OF NARAYAN CHAUDHARY @ NARAYAN YADAV R/O VILLAGE- MANJHWALIA, P.S.- DARAULI, DISTRICTSIWAN 2.

DILIP YADAV SON OF NARAYAN CHAUDHARY @ NARAYAN YADAV R/O VILLAGE- MANJHWALIA, P.S.- DARAULI, DISTRICTSIWAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Udit Narayan Singh, Adv.

For the Opposite Party/s :

Mr.Nagendra Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

Petitioners apprehend their arrest in a case registered for offence punishable u/s 341, 323, 307, 504/34 IPC. Allegedly, the petitioners abused and assaulted the informant. Petitioner no. 1 gave a farsa blow on his head with intention to kill him and when he fell down, petitioner no.2 started assaulting him with butt of the rifle. It is submitted by learned counsel for the petitioner that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No. 39765 of 2022(2) dt.22-11-2022 2/2 Parties are agnates. They have been falsely implicated in this case due to land dispute. For the alleged occurrence, there is a case and counter case between the parties. The informant with some other persons also assaulted both the petitioners. Both sides have sustained injuries. One Razo Devi from the informant's side has sustained grievous injury. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since both the parties are agnates and both sides have sustained injuries, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Darauli P.S. Case No.119 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T