Brij Nandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52988 of 2023 Arising Out of PS. Case No.-279 Year-2023 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

BRIJ NANDAN YADAV S/O RAMESHWAR YADAV, R/O Shiva Bigha, P.S- Kalpa (O.P.), Distt.- Jehanabad.

2.

Nitish Kumar S/O Brijnandan Yadav, R/O Shiva Bigha, P.S- Kalpa (O.P.), Distt.- Jehanabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Soni Kumari, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-08-2023 Heard the learned counsel for the petitioners as well as Mr. Shailendra Kumar, the learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in connection with Jehanabad Town P.S. Case No. 279 of 2023, registered for offence punishable under sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

3. As per FIR, on 09.03.2023 at about 8:00 P.M., the petitioners along with other accused persons were abusing the informant's son. When the informant objected, they started attacking on him with Lathi. The petitioners assaulted him on his head with Lathi, as a result of which he became unconscious and fell down. They also threatened him.

Patna High Court CR. MISC. No.52988 of 2023(2) dt.19-08-2023 2/2

4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is land dispute between the parties. Petitioner no. 1 is own brother of the informant, whereas petitioner no. 2 is son of the petitioner no. 1. He has submitted further that the injuries suffered by the informant are simple in nature.

5. On the other hand, Mr. Shailendra Kumar, the learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, especially the clean antecedents of the petitioners, let them, in the event of their arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad Town P.S. Case No. 279 of 2023, subject to condition as laid down under section 438(2) Cr. P.C.

(Nawneet Kumar Pandey, J) Mahesh/- U T