Pulkit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60071 of 2022 Arising Out of PS. Case No.-149 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

PULKIT YADAV S/o Jaybir Yadav Resident of village- Pariharpur, P.S.- Rajnagar, District- Madhubani 2.

MUKESH YADAV @ MUKESH S/o Pulkit Yadav Resident of villagePariharpur, P.S.- Rajnagar, District- Madhubani 3.

HITESH YADAV @ HITESH S/o Pulkit Yadav Resident of villagePariharpur, P.S.- Rajnagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav Mr. Ravi Prakash Mr. Rajesh Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh For the informant :

Mr. Arunendra Kumar Thakur Ms. Sukriti Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-01-2023 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend arrest in connection with Rajnagar P.S. Case No. 149 of 2022 registered for the offence under sections 307 and other allied sections of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners have no concern with the alleged occurrence and they have been falsely implicated in this case. There is admitted land dispute between the parties. The injuries sustained do not corroborate the allegations levelled in the first information

Patna High Court CR. MISC. No.60071 of 2022(2) dt.03-01-2023 2/2 report. Petitioners have no criminal antecedent. Learned Addl. P.P. appearing for the State opposes the prayer for bail of petitioner no. 2 on the submission that there is direct allegation of assault against him which is supported by the injuries sustained. He, therefore, submits that petitioner no. 2 does not deserve to be granted the privilege of anticipatory bail.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner nos. 1 and 3, above named, are directed to be released on bail on furnishing personal bond to the satisfaction of Additional Chief Judicial Magistrate, 1st, Madhubani in connection with Rajnagar P.S. Case No. 149 of 2022 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

As regards petitioner no. 2, considering the nature of allegations levelled which is corroborated by the injuries sustained, I am not inclined to grant him the privilege of anticipatory bail. His prayer for bail is, accordingly, rejected. mcv/- (Arvind Srivastava, J) U T