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Patna High CourtCR. MISC./54932/2022bail granted

Lalit Prasad Yadav @ Lalit Yadav v. The State Of Bihar

2023-02-07Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54932 of 2022 Arising Out of PS. Case No.-19 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

Lalit Prasad Yadav @ Lalit Yadav Son Of Mohan Yadav R/O Village- Maivi, P.O.- Hari Nagar, P.S.- Kushewar Sthan, Distt.- Darbhanga 2.

Sunil Prasad Yadav @ Sunil Yadav Son Of Mohan Yadav R/O VillageMaivi, P.O.- Hari Nagar, P.S.- Kushewar Sthan, Distt.- Darbhanga 3.

Bachchu Yadav Son Of Late Tarni Yadav R/O Village- Maivi, P.O.- Hari Nagar, P.S.- Kushewar Sthan, Distt.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1, Advocate For the Opposite Party/s :

Mrs.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-02-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 325, 354(B), 379, 504 and 506 of the Indian Penal Code.

The allegation against the petitioner Lalit Prasad

Patna High Court CR. MISC. No.54932 of 2022(6) dt.07-02-2023 2/3 Yadav is of assaulting the informant with iron rod causing injury on his lip and the petitioner Sunil Prasad Yadav inflicted farsa blow on the head of the informant's son Keshab Kumar causing bleeding injury and the petitioner Bachchu Yadav assaulted Meera Devi with iron rod and due to which she sustained head injury and he also outraged her modesty.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. There is case and counter case between the parties. He has further submitted that there is land dispute between the parties. As per injury report of the injured, they sustained simple injury caused by hard and blunt substance. The petitioner no. 2 is accused in one more criminal case whereas petitioner no. 1 and 3 have got clean antecedent as stated in para 3 of the bail petition. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

Considering the aforesaid facts and circumstances of the case as well as the injury being simple in nature, let the above named petitioners, in the event of their arrest/ surrender within a period of six weeks from today, be enlarged on

Patna High Court CR. MISC. No.54932 of 2022(6) dt.07-02-2023 3/3 anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand)each with two sureties of the like amount each to the satisfaction of Court concerned, Beroul in connection with Kusheshwar Asthan P.S. Case No. 19 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T