Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52825 of 2022 Arising Out of PS. Case No.-42 Year-2022 Thana- RANIYATALAB District- Patna ====================================================== 1.

BINOD YADAV SON OF LATE BALESHWAR PRASAD RESIDENT OF VILLAGE- JITAN CHAPRA, P.S. RANI TALAB, DISTRICT- PATNA 2.

DHEERAJ KUMAR SON OF BINOD YADAV RESIDENT OF VILLAGEJITAN CHAPRA, P.S. RANI TALAB, DISTRICT- PATNA 3.

SUDHIR KUMAR SON OF BINOD YADAV RESIDENT OF VILLAGEJITAN CHAPRA, P.S. RANI TALAB, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Prasad Singh For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under Section 307 and some other ancillary Sections of the Indian Penal Code.

3. As per the prosecution case, petitioner No.1 is alleged to have assaulted the informant with Khanti on his head, petitioner No.2 assaulted him with butt of pistol and petitioner No.3 assaulted the informant with cow dung cleaner.

4. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.52825 of 2022(5) dt.18-07-2023 2/2 implicated in the case. It is further submitted that both parties are members of the same family and due to dispute with regard to partition of ancestral property scuffle took place in which both sides sustained injuries. There is case and counter case. It is next submitted that although the doctor has found five injuries on the person of informant but none of the injuries are grievous in nature.

5. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

6. Considering the facts of the case and nature of accusation against the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, Danapur, Patna in connection with Ranitalab PS case No. 42/ 2022, subject to conditions laid down u/s 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J) BKS/- U T