Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59752 of 2019 Arising Out of PS. Case No.-80 Year-2019 Thana- SAHPUR District- Bhojpur ====================================================== MANOJ YADAV Son of Late Jawahar Yadav Resident of Village-Bilaur, P.S.- Sahpur, District-Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Malti Kumari For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2019 The petitioner apprehends his arrest in connection with Sahpur P. S. Case No. 80 of 2019 registered under Sections 307, 323, 324, 326, 341, 379 and 504/34 of the Indian Penal Code. Allegation against the petitioner is that he assaulted the grandson of the informant by means of sharp cutting weapon causing injury to him near his hand.

Learned counsel appearing on behalf of the petitioner submits that both parties are co-villagers and the petitioner is small farmer in which petitioner has sown brinjal and gram which was being destroyed by the informant and others. He further submits that petitioner has also filed Complaint Case No. 505C of 2019 against the side of the prosecution. Learned counsel relying upon Annexure-4/1, which is injury report of injured Golu Tiwari, submits that injury caused to the victim is not serious in nature and is not on the vital part of the body as

Patna High Court CR. MISC. No.59752 of 2019(2) dt.24-09-2019 2/2 the said injury has been found on the wrist of the victim. Learned counsel submits that side of the prosecution used to destroy the field of the petitioner, which was being objected by him.

Having regard to the submissions made by the parties and taking into consideration the fact that both parties are covillagers and there is case and counter case in between the parties and dispute has arisen due to destroying the field of the petitioner, accordingly, I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur at Ara in connection with Shahpur P.S.Case No. 80 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T