Jitendra Kumar @ Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68122 of 2022 Arising Out of PS. Case No.-288 Year-2021 Thana- RAXAUL District- East Champaran ====================================================== 1.

JITENDRA KUMAR @ JITENDRA YADAV Son of Late Rajdeo Rai R/vLaxmanwa, P.S.- Palanwa, District- East Champaran 2.

RAVI YADAV Son of Upendra Yadav R/v- Laxmanwa, P.S.- Palanwa, District- East Champaran 3.

UPENDRA YADAV Son of Dhenush Yadav R/v- Laxmanwa, P.S.- Palanwa, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Anil Kumar, Advocate For the State :

Mr. Shyam Kumar Singh, APP For the Informant :

Mr. Umesh Chandra Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2023 Heard learned counsel for the parties.

Petitioners apprehend their arrest in connection with Raxaul P.S. Case No.288 of 2021, registered for the offences punishable under Sections 341, 323, 384, 327, 427 and 34 of the Indian Penal Code.

It is alleged that on 21.07.2021 at about 5.30 in the evening, the informant saw that petitioners alongwith other coaccused persons were breaking the boundary of the informant. When the informant protested, all accused persons started assaulting the informant and threatened him that he will be killed.

Patna High Court CR. MISC. No.68122 of 2022(6) dt.22-06-2023 2/3 Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Petitioner No.1 has got one criminal antecedent and petitioners no.2 and 3 have got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that there is general and omnibus allegation against the petitioners. It is submitted that there is land dispute between the parties. Learned counsel for the petitioners has filed a supplementary affidavit enclosing all documents relating to the land. It is further submitted that the dispute between the parties is purely civil in nature.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for grant of anticipatory bail to the petitioners, but do not deny the factum of land dispute between the parties.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Raxaul at Motihari in connection with Raxaul P.S.

Patna High Court CR. MISC. No.68122 of 2022(6) dt.22-06-2023 3/3 Case No.288 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T