Gopal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6337 of 2021 Arising Out of PS. Case No.-169 Year-2020 Thana- PARAIYA District- Gaya ====================================================== 1.

GOPAL YADAV S/o BADHO YADAV Resident of Village- Sir Nawada, P.S.- Paraiya, Distt- Gaya.

2.

VINAY YADAV S/o BADHO YADAV Resident of Village- Sir Nawada, P.S.- Paraiya, Distt- Gaya.

3.

SIKANDARA YADAV @ SIKANDRA KUMAR S/o MUNDAL YADAV Resident of Village- Sir Nawada, P.S.- Paraiya, Distt- Gaya. 4.

SUBODH YADAV S/o MUNDAL YADAV Resident of Village- Sir Nawada, P.S.- Paraiya, Distt- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Durgesh Nandan, Advocate Ms. Lilawati Singh, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-12-2021 Heard Mr. Durgesh Nandan, learned Advocate for the petitioners and Mr. Rana Randhir Singh, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Paraiya P.S. Case No. 169 of 2020 dated 12.07.2020 instituted for the offences under Sections 341, 323, 504, 506, 308 and 34 of the Indian Penal Code.

The petitioners no. 1 and 2 are said to have caused injuries to the informant and one Saroja Devi who have received only simple injuries. So far as

Patna High Court CR. MISC. No.6337 of 2021(2) dt.15-12-2021 2/3 petitioners no. 3 and 4 are concerned, they are said to have assaulted Dhananjay who has received grievous injury on his person.

It has been urged on behalf of the petitioners that it is not known whose assault resulted in grievous injury on Dhananjay.

Learned counsel for the petitioners has further submitted that the parties are agnates and because of some dispute regarding land from the joint family property, the present case has been lodged.

Regard being had to the fact that the petitioners no. 1 and 2 are only alleged to have caused simple injuries, I am inclined to grant anticipatory bail to them.

Considering the facts aforesaid, the petitioners no. 1 and 2 are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Gaya in connection with Paraiya P.S. Case No. 169 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Patna High Court CR. MISC. No.6337 of 2021(2) dt.15-12-2021 3/3 The prayer for anticipatory bail of petitioners no. 3 and 4 viz. Sikandara Yadav and Subodh Yadav respectively is, hereby, rejected.

Should they surrender before the court below and seek bail, their application shall be considered on its own merits taking into account that there is a family dispute and the petitioners are the agnates of the informant and shall pass orders in accordance with law without being prejudiced by the fact that the present petition on their behalf has not been entertained. The petition stands disposed off accordingly. (Ashutosh Kumar, J) krishna/- U T