Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56990 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- Hathiyav District- Sheikhpura ====================================================== 1.

Santosh Yadav Son of Lalu Yadav R/O Vill.- Sarmaidan, P.S.- Hathiyawan, Dist.- Sheikhpura.

2.

Fanjeet Yadav Son of Lalu Yadav R/O Vill.- Sarmaidan, P.S.- Hathiyawan, Dist.- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary For the Opposite Party/s :

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-09-2024

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Hathiyawan Police Station Case No. 25 of 2024, dated 12.05.2024, disclosing offences under Sections 147/341/323/324/379/354/307/504 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 12.05.2024, in the afternoon, all the accused persons, including the petitioners, entered into the house of the informant, abused him and when objected, the coaccused Lalu Yadav assaulted him on his head. The

Patna High Court CR. MISC. No.56990 of 2024(2) dt.04-09-2024 2/3 petitioners assaulted the informant by means of lathi on his back.

4. Learned counsel for the petitioners submits that both the parties are co-sharer and there is land dispute between them. The side of the petitioners has lodged First Information Report, bearing Hathiyawan Police Station Case No. 24 of 2024, for the occurrence which took place on the same date and time and First Information Report lodged by the side of the petitioners is prior in time. From the injury report, annexed at Annexure-P/3, it appears that the informant has got no apparent injury on his back.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-sharer and there is land dispute between them, case and counter-case is also there and the informant has got no apparent injury on his back, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, Santosh Yadav and Fanjeet Yadav, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on

Patna High Court CR. MISC. No.56990 of 2024(2) dt.04-09-2024 3/3 furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura, in connection with Hathiyawan Police Station Case No. 25 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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