Shailesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62826 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- PASRAHA District- Khagaria ====================================================== 1.

SHAILESH YADAV Son of Visheshwar Yadav @ Bishawar Yadav Resident of Village - Bandehra, P.S.- Pasraha, dist.- Khagaria. 2.

Mukesh Yadav Son of Bishawar Yadav @ Visheshwar Yadav Resident of Village - Bandehra, P.S.- Pasraha, dist.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Surendra Mohan For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-10-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Pasraha Police Station Case No. 14 of 2019, disclosing offences under Sections 447/341/323/379/504/506/34 of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the petitioners is that the petitioners, along with others, abused the informant and assaulted her with fists and slaps.

Learned Counsel for the petitioners submits that both the parties are next-door neighbour and the dispute relates to passage between them. He further submits that the only

Patna High Court CR. MISC. No.62826 of 2019(2) dt.22-10-2019 2/2 allegation against the petitioners is that they abused the informant and there is no allegation of assault against them. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are next-door neighbours and there appears to be dispute of passage between them, I am inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Pasraha Police Station Case No. 14 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √