Laldeo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49451 of 2023 Arising Out of PS. Case No.-166 Year-2023 Thana- OBRA District- Aurangabad ====================================================== 1.
LALDEO YADAV SON OF MAHESHWAR YADAV VILLAGE SIHURI TOLA DIGHARA P S OBRA DISTRICT AURANGABAD 2.
RAMCHANDRA YADAV SON OF LATE MAHESH YADAV VILLAGE SIHURI TOLA DIGHARA P S OBRA DISTRICT AURANGABAD 3.
MAHESHWAR YADAV SON OF LATE MUNGESHWAR YADAV VILLAGE SIHURI TOLA DIGHARA P S OBRA DISTRICT AURANGABAD ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh Mr. Bhaskar Shankar For the Opposite Party/s :
Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-08-2023
1. Heard learned Senior Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Obra Police Station Case No. 166 of 2023, dated 23.04.2023, disclosing offences punishable under Sections 307/341/323/324/325/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that while the informant was at his house, the petitioners arrived there and assaulted the informant and his family members with sword and farsha.
Patna High Court CR. MISC. No.49451 of 2023(2) dt.11-08-2023 2/3
4. Learned Senior Counsel for the petitioners submits that both the parties are agnates and there is admitted land dispute between them. He further submits that the informant has lodged Land Dispute Case No. 29 of 202122 before the D.C.L.R., Daudnagar, on 04.12.2021 against the petitioners and others. He further submits that there is case and counter case inasmuch as the petitioner no. 1 has also lodged Obra Police Station Case No. 167 of 2023 against the informant and his family members. He next submits that the injuries caused to the informant and his family members are simple in nature, caused by hard and blunt substance; whereas the allegation against them is that they have assaulted the informant and his family members by means of sword and farsha, which are sharpcutting weapons.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are agnates, there is land dispute between them, there is case and counter case between the parties and the injuries sustained by the informant and his family members are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.
Patna High Court CR. MISC. No.49451 of 2023(2) dt.11-08-2023 3/3 This application is, accordingly, allowed.
Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Obra Police Station Case No. 166 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √