Munna Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61280 of 2023 Arising Out of PS. Case No.-125 Year-2023 Thana- BIHIA District- Bhojpur ====================================================== 1.
MUNNA YADAV S/o- SHEODHAN YADAV Village- Teghara Ps- Bihiya Dist- Bhojpur 2.
Hareram Yadav son of Ramayan Yadav Village- Teghara Ps- Bihiya DistBhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amarendra Kumar For the Opposite Party/s :
Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-10-2023
1. Heard the parties.
2. The petitioners apprehend their arrest in connection with Bihiya PS Case No. 125 of 2023 dated 15-05-2023 registered under Sections 341, 323, 307, 504, 506 / 34 of the IPC.
3. As per the First Information Report on 12-05-2023 while the informant along with his brother was sitting near the grain market, the petitioners along with one named accused person / Sheodhan Yadav and ten unknown persons arrived there. Munna Yadav and his associates started assaulting the informant brother -Amawas Yadav by means of iron rod due to which he sustained injury.
Patna High Court CR. MISC. No.61280 of 2023(2) dt.17-10-2023 2/3
4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case due to land dispute between the parties. A Title Suit bearing Title Suit No. 179 of 2019 has been filed by side of the petitioners against the informant which is still pending before the learned Sub Judge, Jagdishpur, Bhojpur. The allegation against the petitioners is general and omnibus in nature and injury caused to the informant's brother is simple in nature as would be evident from Annexure -2 to the bail petition.
5. Regard being had to the submission made by the parties, taking into consideration the fact that there is previous land dispute between them, injury caused to the informant's brother is simple in nature and the petitioners have got no criminal antecedent, as such, I am inclined to grant anticipatory bail to the petitioners.
6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M. V, Bhojpur, Ara in connection with Bihiya PS Case No. 125 of 2023 subject to the condition as laid down under
Patna High Court CR. MISC. No.61280 of 2023(2) dt.17-10-2023 3/3 Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T