Chhatish Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65768 of 2024 Arising Out of PS. Case No.-86 Year-2024 Thana- PARBATTA District- Khagaria ====================================================== 1.
Chhatish Yadav Son of Late Prasadi Yadav Village- Araria, P.S.- Parbatta, (Maraiya), Dist- Khagaria 2.
Munna Yadav Son of Ram Dhari Yadav @ Muso Yadav Village- Araria, PsParbatta, (Maraiya), Dist- Khagaria ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shekhar Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Rajendra Prasad Nat, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of regular bail, arises out of Parbatta Police Station Case No. 86 of 2024 dated 29.02.2024, disclosing offences under Sections 341, 323, 307, 188, 504, 506 and 34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report is that, on 28.02.2024, in the afternoon, petitioners along with other accused persons arrived and the co-accused Ramdhari Yadav fired upon the informant but unfortunately, the bullet did not hit the informant.
4. Learned counsel for the petitioners submits that the occurrence has taken place due to land dispute between the parties, which is evident from the First Information Report itself.
Patna High Court CR. MISC. No.65768 of 2024(3) dt.22-11-2024 2/2 Both the parties are agnates/co-sharers. The allegation of firings is upon co-accused but nobody has sustained injury due to said firing. The petitioners, namely, Chhatish Yadav and Munna Yadav are in custody since 01.05.2024 and 14.05.2024 respectively.
5. Regards being had to the submissions made by the parties and taking into consideration the fact that no specific allegation has been alleged against the petitioners and they are in custody since 01.05.2024 and 14.05.2024 respectively, I am inclined to grant regular bail to the petitioners.
6. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Sub Divisional Judicial Magistrate, Khagaria, in connection with Partatta (Maraiya) Police Station Case No.86 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) Siwani/- U T