Udayanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64137 of 2023 Arising Out of PS. Case No.-194 Year-2023 Thana- KUMAR KHAND District- Madhepura ====================================================== Udayanand Yadav son of Late Laxman Yadav Village- Barakurba PsKumarkhand Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate.

For the Opposite Party/s :

Mr. Arun Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State.

2. Petitioner apprehends his arrest in connection with Kumarkhand P.S. Case No. 194 of 2023 registered for the offence punishable under Sections 448, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.

3. As per the First Information Report, on 24.5.2023 in the evening, the petitioner along with other accused persons entered into the house of the informant, abused her and upon objection being raised, co-accused Shailendra Yadav assaulted the informant by means of spade and accused Udyanand Yadav (petitioner) snatched golden chain of the informant worth

Patna High Court CR. MISC. No.64137 of 2023(2) dt.19-10-2023 2/3 Rs. 35,000/-.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to property dispute between them and both the parties are agnates and are neighbours also. Learned counsel further submits that a counter case by the side of the petitioner bearing Kumarkhand P.S. Case No. 198 of 2023 has also been lodged. He next submits that there is no allegation of assault against the petitioner and only ornamental allegation has been levelled against him of snatching golden chain of the informant.

5. Regard being had to the submission made by the parties and taking into consideration the fact that both the parties are agnates, there is case and counter case between them and the petitioner is not the assailant, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.64137 of 2023(2) dt.19-10-2023 3/3 of learned A.C.J.M.-III, Madhepura, in connection with Kumarkhand P.S. Case No. 194 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Ali/- U T