Santosh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57448 of 2024 Arising Out of PS. Case No.-181 Year-2024 Thana- NARPATGANJ District- Araria ====================================================== Santosh Yadav Son of Narayan Yadav R/V- Village- Khaira, Ward No. 05, P.S.- Narpatganj, Distt.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Narpatganj P.S. Case No. 181 of 2024 dated 27.03.2024, instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 326, 379, 504, 506 of the Indian Penal Code.
3. The prosecution case, in short, is that on 27.03.2024, petitioner along with other accused persons started construction of the house on the land of informant. When informant protested then petitioner assaulted him on his head by means of iron rod. When the family members of informant came to save him then they were also assaulted by the accused persons.
Patna High Court CR. MISC. No.57448 of 2024(2) dt.04-09-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that both the sides are agnates. It is further stated that due to land dispute, petitioner has been falsely implicated in this case. It is further submitted that there is a specific allegation against the petitioner, who assaulted by means of iron rod on the head of the informant. The impugned order reveals that the injury received by the informant is simple in nature caused by sharp edged weapon. Lastly, it has been submitted that petitioner has one criminal case against him.
5. Learned A.P.P. and learned counsel for the informant vehemently opposed the prayer for bail of the petitioner and submitted that there is a specific allegation against the petitioner of assaulting with iron rod on the head of the informant.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Narpatganj P.S. Case No. 181 of 2024, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.57448 of 2024(2) dt.04-09-2024 3/3 learned Chief Judicial Magistrate, Araria, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T