Baleshwar Yadav @ Baleshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55278 of 2025 Arising Out of PS. Case No.-18 Year-2021 Thana- KHIJARSARAI District- Gaya ====================================================== Baleshwar Yadav @ Baleshwar Prasad S/o Parmeshwar Yadav R/o VillageGodhra Rasalpur, P.S.- Khizersarai, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Sinha For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-08-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Khizarsarai P.S. Case No. 18 of 2021 dated 20.01.2021 registered under Sections 341, 323, 342, 308, 427, 34 of the I.P.C.

3. As per the prosecution case the petitioner along with other accused persons forcefully released drain water into the land of the informant and when objected the petitioner assaulted with 'lathi' and 'danda' due to which the family members of the informant sustained injuries and he also destroyed the roof and railing of the informant's house.

4. Learned counsel for the petitioner submits that altogether seven persons of the family members of the petitioner including the petitioner have been made accused. Both the parties are neighbours having dispute regarding drainage. A counter case

Patna High Court CR. MISC. No.55278 of 2025(2) dt.27-08-2025 2/2 has been lodged by the side of the petitioner bearing Khizersarai P.S. Case No. 19 of 2021. The injuries sustained by the victims are simple in nature as would be evident from the impugned order itself.

5. Regard being had to the submission made by the parties, taking into consideration the fact that both the parties are neighbours having dispute regarding drainage, case and counter case is there, injuries sustained by the victims are simple in nature, accordingly, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Gaya in connection with Khizersarai P.S. Case No. 18 of 2021 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.

(Anil Kumar Sinha, J) praful/- U T