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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40159 of 2023 Arising Out of PS. Case No.-866 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== RAJEEV KUMAR YADAV @ RAJEEV YADAV Son of Ramashish Yadav Resident of Village - Laxmipur Jurauna, P.S.- Darbhanga Sadar, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Prasad For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-08-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Darbhanga Sadar Police Station Case No. 866 of 2022, dated 19.12.2022/G.R. No. 4090/2022 disclosing offences under Sections 341/323/308/379/504/34 of the Indian Penal Code.

The prosecution case, on the basis of the First Information Report, is that while the informant was loading food grains on his pickup van in the middle of road, the same was objected by the petitioner's father, who was coming on his tractor. It has further been alleged that the petitioner was called

Patna High Court CR. MISC. No.40159 of 2023(2) dt.02-08-2023 2/3 by his father on mobile, who assaulted the informant by means of iron rod on his head and it has also been alleged that a sum of Rs. 1,18,000/- has been snatched by the petitioner's father from the informant.

Learned Counsel for the petitioner submits that the scuffle between the father of the petitioner and the informant had taken place on a issue that the informant was loading food grains on his pickup van in the middle of road and had blocked the passage of the tractor, which was being driven by the petitioner's father. He further submits that injury caused to the informant is simple in nature and both the parties are resident of adjacent village and there is a previous dispute between them. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that the occurrence had taken place on trivial issue and injury caused to the informant is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

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

Patna High Court CR. MISC. No.40159 of 2023(2) dt.02-08-2023 3/3 satisfaction of the learned Chief Judicial Magistrate, Darbhanga, in connection with Darbhanga Sadar Police Station Case No. 866 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U √ T √