Bipin Yadav @ Vipin Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68392 of 2024 Arising Out of PS. Case No.-76 Year-2024 Thana- Kadirganj P.S. District- Nawada ====================================================== 1 .

Bipin Yadav @ Vipin Prasad Yadav Son of Sarjun Yadav Resident of Village - Devanpura, P.S. - Kadirganj, District - Nawada 2.

Upendra Yadav @ Upendra Prasad Yadav Son of Sarjun Yadav Resident of Village - Devanpura, P.S. - Kadirganj, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad , Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-10-2024 At the outset, learned counsel for the petitioners seeks permission to withdraw the pre-arrest bail petition of petitioner No. 1 .

2. Permission is accorded.

3 . The bail petition of petitioner No. 1 is dismissed as withdrawn .

4. Heard learned counsel for the petitioner No. 2 and the State .

5 . Petitioner apprehends arrest in a case registered for the offence punishable under sections 147, 148 , 149, 323 , 324,

Patna High Court CR. MISC. No.68392 of 2024(2) dt.23-10-2024 2/3 307, 504 and 506 of the Indian Penal Code .

6. As per prosecution case , on the alleged date and time of occurrence , all the accused persons armed with Garasa intercepted informant and his brother and on instigation of coaccused Sarjug Yadav, petitioner (Upendra Yadav ) assaulted informant by means of garasa .

7. Learned counsel for the petitioner submits that as a matter of fact, the alleged occurrence took place on account of dispute over mango tree which was purchased by this petitioner. Case and counter case . Both sides sustained injuries. Injury report of informant is not on record. Petitioner claims clean antecedent.

8 . Learned counsel for the State opposes the bail petition of the petitioner.

9. Considering the clean antecedent of petitioner and circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner No. 2, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Nawada in connection with Kadirganj P.S. case No. 76 of 2024 , subject to the conditions laid down under section 438(2) of the Code of

Patna High Court CR. MISC. No.68392 of 2024(2) dt.23-10-2024 3/3 Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T