Sanjay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60032 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- GURUA District- Gaya ====================================================== 1.
SANJAY YADAV S/o Chanarik Yadav, Resident of Village- Malpa, P.S.- Gurua, District- Gaya.
2.
Vikash Kumar @ Vikash Kumar Dangi S/o Kabindra Prasad @ Kapindra Dangi, Resident of Village- Malpa, P.S.- Gurua, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar For the Opposite Party/s :
Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Gurua P.S. Case No.22 of 2019 registered for offence punishable under sections 147, 148, 149, 427, 341, 323, 307, 379, 354(a), 504, 506 of the Indian Penal Code.
The dispute arose on account of construction over a land and both the parties are claiming over the said land. On the fateful day, the informant along with his wife had gone there where both the petitioners have assaulted and caused injury to them.
Patna High Court CR. MISC. No.60032 of 2019(3) dt.27-11-2019 2/2 The learned counsel for the petitioner submits that there is a land dispute, case and counter case from both side and the case of the petitioner is of two days earlier to the case lodged by the present informant.
In this case, case diary has been called for and paragraph 25 of the case diary reflects the injury is serious in nature.
Looking to the nature of injury, this Court is not inclined to grant bail to the petitioners and accordingly their prayer for bail is rejected. However, if they surrender before the court below and pray for regular bail, the court below without being prejudiced by this order will take decision in accordance with law, preferably on the same day.
(Shivaji Pandey, J) Mahesh/- U T