Lakshman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55112 of 2021 Arising Out of PS. Case No.-78 Year-2021 Thana- NAVINAGAR District- Aurangabad ====================================================== 1.

Lakshman Yadav Son Of Late Rupchand Yadav Resident Of Village- Balava, P.S. Nabinagar, District- Aurangabad 2.

Mahendra Yadav Son Of Lakshman Yadav Resident Of Village- Balava, P.S. Nabinagar, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Nabinagar P.S. Case no. 78 of 2021 instituted for the offence punishable under Sections 341, 323, 324, 325, 307, 504, 506/34 of the Indian Penal Code.

Prosecution story relates to abuse and assault to the informant and his family members by means of lathi, sword and gadasa by the petitioners and other co-accused persons. When his cousin brother, sister aunt came forward to rescue them, there were also beaten up by the accused persons. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. Occurrence took place over a

Patna High Court CR. MISC. No.55112 of 2021(2) dt.13-04-2022 2/2 trivial dispute regarding grazing informant's buffalo in petitioners land. Both parties have received injuries in alleged occurrence. Doctor has opined the nature of injury is simple. Specific allegation of assault is against Surendra Yadav and not against petitioners. There is case and counter case between the parties. They have got no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Nabinagar P.S. Case no. 78 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U