Anil Kumar Yadav @ Anil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47062 of 2024 Arising Out of PS. Case No.-20 Year-2020 Thana- TEKARI District- Gaya ====================================================== Anil Kumar Yadav @ Anil Yadav Son of Talkeshwar Yadav R/O Vill.- Shiv nagar, P.S.- Tekari, Dist.- Gaya ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Shivendra Prasad, Advocate For the State :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2024 Heard Mr. Shivendra Prasad, learned counsel appearing on behalf of petitioner and Mr. Umeshanand Pandit, learned APP appearing for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 342, 325, 307, 379 and 34 of the Indian Penal Code.
3. As per prosecution case, on 19.01.2020 at about 4 PM, all the F.I.R. named accused persons, including this petitioner, were illegally constructing house on the land of informant and upon objection, all of them assaulted informant, as a result of which he became unconscious. It is further alleged that co-accused Neeraj Kumar took Rs. 500/- from the pocket of informant.
Patna High Court CR. MISC. No.47062 of 2024(2) dt.21-08-2024 2/3
4. It is submitted by learned counsel appearing on behalf of petitioner that from bare perusal of the F.I.R. it is apparent that there is admitted land dispute between the parties. As a matter of fact, informant himself was aggressor and was trying to restrain the petitioner and others from constructing house over their own land which was allotted to them in family partition. It is further submitted that injuries allegedly caused by this petitioner have been found to be simple in nature. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. and there is specific accusation of assault against him.
6. Considering the aforesaid facts and circumstances, nature of injuries sustained by the injured and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Gaya, in connection with
Patna High Court CR. MISC. No.47062 of 2024(2) dt.21-08-2024 3/3 Tekari P.S. Case No. 20 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T