Anoj Kumar Yadav @ Kapil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58836 of 2024 Arising Out of PS. Case No.-377 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Anoj Kumar Yadav @ Kapil Yadav SON OF LATE SUNDAR YADAV VILLAGE- JASOIYA TOLE, KANHAI BIGHA WARD NO. 1, PSAURANGABAD TOWN, DIST- AURANGABAD ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-09-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Aurangabad Town Police Station Case No. 377 of 2024, dated 02.06.2024, disclosing offences punishable under Sections 147/149/341/323/307/379/504/506 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 01.06.2024, the informant was constructing staircase near his house and at about 4 PM, the petitioner along with other co-accused persons arrived there, having iron-rods and lathis in their hands, abused the informant and the petitioner assaulted the informant on his head by
Patna High Court CR. MISC. No.58836 of 2024(2) dt.11-09-2024 2/3 means of iron-rod, due to which he sustained injury on his head. Other co-accused persons also assaulted the informant, his wife and his son by means of lathi.
4. Learned Counsel for the petitioner submits that both the parties are agnates and they have falsely been implicated in this case due to village politics as well as due to land dispute between them. He further submits that there is case and counter case inasmuch as the petitioner has lodged Aurangabad Town Police Station Case No. 378 of 2024 for the occurrence which took place on the same date and time. He further submits that the injuries caused to the informant is simple in nature.
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 case and counter case and the injury sustained by the informant on his head is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing
Patna High Court CR. MISC. No.58836 of 2024(2) dt.11-09-2024 3/3 bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad Town Police Station Case No. 377 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √