Patna High CourtCR. MISC./67061/2023bail granted

Fudan Yadav v. The State Of Bihar

2023-10-18Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67061 of 2023 Arising Out of PS. Case No.-96 Year-2020 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.

FUDAN YADAV Son of Late Khusilal Yadav Resident of VillageKarminiya, P.S.-Triveniganj, District-Suapaul. 2.

PREM SHANKAR KUMAR @ PREM SHANKAR KUMAR YADAV Son of Fudan Yadav Resident of Village-Karminiya, P.S.-Triveniganj, DistrictSuapaul. 3.

SHIV SHANKAR KUMAR @ SHIVSHANKAR YADAV Son of Fudan Yadav Resident of Village-Karminiya, P.S.-Triveniganj, District-Suapaul. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Nikesh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-10-2023 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Triveniganj P.S. Case No. 96 of 2020, registered for the offences punishable under Sections 341, 323, 325, 379/34 of the Indian Penal Code.

3. As per allegation, the petitioners along with other accused persons came with tractor and weapons to plough the land of the informant. When the informant protested, petitioner No. 2 assaulted her with spade (kudali) due to which she sustained head injury. Petitioner No. 3 gave a dagger blow on the leg of the

Patna High Court CR. MISC. No.67061 of 2023(2) dt.18-10-2023 2/2 informant. On hue and cry, when the husband of the informant and her daughter-in-came came to save her, the accused persons assaulted them also.

4. Learned counsel for the petitioner has submitted that the allegation against the petitioner No. 2 is of inflicting spade blow on the head of the informant. He has further submitted that the petitioners have falsely been implicated in this case and the present case is counter blast of Triveniganj P.S. Case No.91 of 2020. Both the parties are agnates and there is land dispute between them.

5. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Supaul in connection with Triveniganj P.S. Case No. 96 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) SONALI/- U T