Patna High CourtCR. MISC./47242/2024partly allowed disposal

Rajednra Yadav v. The State Of Bihar

2024-09-27Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47242 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- BARACHATTI District- Gaya ====================================================== 1.

Rajednra Yadav, S/o Mahadeo Yadav, R/o Village- Mahamadpur, P.SMohanpur, District- Gaya. 2.

Pintu Yadav @ Pintu Kumar, S/o Rajendra Yadav, R/o VillageMahamadpur, P.S.- Mohanpur, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner no. 1 and learned APP for the State.

2. Learned counsel for the petitioner no. 1 submits that the petitioner has been arrested and the petition becomes infructuous. Accordingly, he seeks permission to withdraw the present bail petition on behalf of petitioner no. 1.

3. Permission is accorded.

4. Accordingly, the present bail petition stands dismissed as withdrawn on behalf of petitioner no. 1.

5. Heard learned counsel for the petitioner no. 2 and learned Additional Public Prosecutor for the State.

6. The petitioner no. 2 apprehends his arrest in

Patna High Court CR. MISC. No.47242 of 2024(3) dt.27-09-2024 2/3 connection with Barachatti (Mohanpur) P.S. Case No. 09 of 2024registered for the offences punishable under Sections 147, 149, 341, 323, 504, 506, 307, 379, 325, 427 of the Indian Penal Code.

7. As per prosecution case, the allegation against 11 accused persons including the petitioner no. 2 is that they have assaulted the informant and his family members due to which the victims sustained injuries.

8. Learned counsel for the petitioner no. 2 submits that the petitioner no. 2 is innocent and has falsely been implicated in this case due to land dispute. There is delay of 21 days in lodging the FIR for the alleged occurrence. There is case and counter case between the parties. Petitioner no. 2 has no criminal antecedent and he undertakes to cooperate in the investigation.

9. Learned APP opposes the prayer for anticipatory bail of the petitioner no. 2.

10. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner no. 2, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on

Patna High Court CR. MISC. No.47242 of 2024(3) dt.27-09-2024 3/3 furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Barachatti ( Mohanpur) P.S. Case No. 09 of 2024, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T