Raj Kumar Yadav @ Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52711 of 2024 Arising Out of PS. Case No.-89 Year-2024 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.

Raj Kumar Yadav @ Raj Kumar Son Of Suresh Yadav Resident Of Village - Chhoti Ekmighat, P.S. - Bahadurpur, District - Darbhanga 2.

Baijnath Yadav @ Baidhnath Yadav Son Of Suresh Yadav Resident Of Village - Chhoti Ekmighat, P.S. - Bahadurpur, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the O.P. No.2 :

Mr. Ratnakar Jha, Advocate For the State :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-08-2024

1. Heard learned counsel for the petitioners, learned counsel for the O.P. No.2 and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Bahadurpur P.S. Case No. 89 of 2024 dated 03.03.2024 registered for the offence(s) punishable under Section(s) 341, 323, 324, 325, 307, 379 and 504 read with Section 34of the Indian Penal Code.

3. Learned counsel appearing for the petitioners submits that petitioners are innocent and have been falsely implicated in this case and no specific overt act is alleged against the petitioners and there is a land dispute existing

Patna High Court CR. MISC. No.52711 of 2024(2) dt.29-08-2024 2/3 between both the parties and two persons namely, Shambhu Yadav and Ravi Yadav are said to have sustained injuries which have been opined to be simple in nature. The petitioner no.1 has no criminal antecedent but petitioner no.2 is accused in one case in which he is on bail.

4. Learned APP appearing for the State and learned counsel appearing for the O.P. No. 2 have opposed the bail prayer of the petitioners.

5. Having considered the submissions mentioned above and mainly the facts that in the FIR there is no specific allegation against both the petitioners and two persons namely, Shambhu Yadav and Ravi Yadav are said to have sustained injuries and on their person only one injury which has been opined to be simple in nature, was found and land dispute is said to be the genesis of the occurrence, in my opinion, it is a fit case for anticipatory bail to the petitioners. Accordingly, let the petitioners named-above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Bahadurpur P.S. Case No. 89 of 2024 on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.52711 of 2024(2) dt.29-08-2024 3/3 the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Rajiv/- U T