Ravindra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67880 of 2024 Arising Out of PS. Case No.-330 Year-2017 Thana- TEKARI District- Gaya ====================================================== Ravindra Yadav S/o Baleshwar Yadav R/o Vill- Sowal Tola Vishunpur, PSTekari, Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivendra Prasad For the Opposite Party/s :
Mr. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-10-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Tekari Police Station Case No. 330 of 2017, dated 17.08.2017, disclosing offences under Sections 147/341/323/307 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 17.08.2017, while the informant was going towards his agricultural field, the petitioner, along with other co-accused persons, started assaulting him by means of lathi, danda, etc., and when the informant's son came to intervene, he was also assaulted. There is specific allegation that the petitioner has assaulted on the head of the informant by means of lathi.
Patna High Court CR. MISC. No.67880 of 2024(2) dt.26-10-2024 2/3
4. Learned Counsel for the petitioner submits that there is case and counter-case between the parties due to land dispute. He next submits that injuries caused to the informant as well as his son are simple in nature. He further submits that the petitioner was given benefits under Section 41-A of the Code of Criminal Procedure during course of the investigation and the petitioner cooperated with the police investigation. However, the police has submitted charge-sheet under Section 308 of the Indian Penal Code, as such, the petitioner has apprehension that he may be remanded in judicial custody.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner was given advantage of Section 41-A and he cooperated with the police investigation and the injuries caused to the informant and his son is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be
Patna High Court CR. MISC. No.67880 of 2024(2) dt.26-10-2024 3/3 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 Chief Judicial Magistrate, Gaya, in connection with Tekari Police Station Case No. 330 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T