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Patna High CourtCR. MISC./41146/2020disposed

Bipin Yadav v. The State Of Bihar

2021-06-22Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41146 of 2020 Arising Out of PS. Case No.-376 Year-2020 Thana- AMARPUR District- Banka ====================================================== 1.

Bipin Yadav, S/o Late Nishiban Yadav 2.

Rohit Yadav, S/o Bipin Yadav 3.

Prabhu Yadav, S/o Bipin Yadav All are R/o village- Lalwa More, P.S.- Fullidumar, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-06-2021 Mr. Dhananjay Kumar Pandey, the learned Advocate for the petitioners seeks permission to withdraw this application with respect to petitioner No. 3/Prabhu Yadav as he has been arrested.

Permission is granted.

The application with respect to petitioner No. 3 stands dismissed as withdrawn.

Patna High Court CR. MISC. No.41146 of 2020(2) dt.22-06-2021 2/3 Heard the learned counsel for the parties.

The petitioner Nos. 1 and 2 seek bail in anticipation of their arrest in connection with Amarpur (Fullidumar) P.S. Case No. 376 of 2020, instituted for the offences under Sections 341, 323, 354, 308, 379, 504 and 506/34 of the Indian Penal Code.

The petitioner No. 1 and the informant are own brothers and this case has been lodged because of the land dispute between the two brothers. The petitioner No. 2 along with one of his brothers is stated to have assaulted the son of the informant by means of hard and blunt substance. It has been submitted on behalf of the petitioner Nos. 1 and 2 that the son of the informant has received simple injuries which could have been caused in any other transaction.

Considering the factual background of the case and the relationship between the parties, the petitioner Nos. 1 and 2, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds

Patna High Court CR. MISC. No.41146 of 2020(2) dt.22-06-2021 3/3 in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Amarpur (Fullidumar) P.S. Case No. 376 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands disposed off accordingly. (Ashutosh Kumar, J) Praveen-II/- U T