Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42380 of 2019 Arising Out of PS. Case No.-377 Year-2018 Thana- BYPASS District- Patna ======================================================

1. UDAY YADAV,

2. Vinod Kumar @ Vinod Yadav @ Vinod Kumar Yadav Both sons of Late Ram Babu Yadav, resident of Eastern Gali of College of Commerce, Gate No. 15, P.S. Patrakarnagar, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the Opposite Party/s :

Mr.Upendra Kumar For the informant :

Mr. Kumar Kaushlendra ` ` Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-07-2019 Heard learned Counsel for the petitioners, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bypass Police Station Case No. 377 of 2018, disclosing offences under Sections 341/323/325/307/504/506/34 of the Indian Penal Code.

The allegation against the petitioners is that the petitioners along with others assaulted the informant and his mother.

Learned Counsel for the petitioners submits that all the family of the petitioners have been implicated in this case

Patna High Court CR. MISC. No.42380 of 2019(3) dt.10-07-2019 2/3 due to the fact that both the parties, i.e. the side of the petitioners and the informant are related and agnates and there is a land dispute pending between the parties, being Title Suit nos. 12 of 2010 and 238 of 2018. He further submits that there is case and counter case inasmuch as the side of the petitioners has also received injury and the wife of the petitioner no. 1 has also lodged a complaint case against the prosecution side. Learned Counsel for the informant submits that there is grievous injury caused to the informant near the eye and canine teeth and has further submitted that the petitioners have got criminal antecedents inasmuch as two cases are pending against them, as stated in paragraph 3 of this application.

After having heard learned Counsel for the parties and taking into consideration the fact that the parties are related to each other, having land dispute and further the fact that the injury caused to the informant is not on the vital part of the body and other injuries caused to the mother of the informant are simple in nature, this application is allowed. Let the petitioners, named above, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.42380 of 2019(3) dt.10-07-2019 3/3 satisfaction of learned Additional Chief Judicial Magistrate IV, Patna City, Patna, in connection with Bypass Police Station Case No. 377 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √