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Patna High CourtCR. MISC./70384/2024disposed

Nanhak Yadav v. The State Of Bihar

2025-01-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70384 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- PALANWA District- East Champaran ====================================================== 1 .

Nanhak Yadav S/o- Basudeo Yadav Village- Mudawa Ps-Palanwa DistrictEast Champaran 2.

Subodh Yadav Son of Shatrudhan Yadav Village- Mudawa Ps-Palanwa District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-01-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 147, 148 , 149, 341, 323 , 307, 504, 506, 325 and 379 of the Indian Penal Code .

3. As per F.I.R., petitioner No. 1 assaulted one Shivnath Yadav with iron rod and petitioner No. 2 assaulted Jitendra Yadav with bamboo causing injury to them.

4. Learned counsel for the petitioners submitted that both parties are co-villagers and due to land dispute a simple occurrence of maarpeet between them. Injury caused by petitioner No. 2 is simple in nature . Petitioners claim clean

Patna High Court CR. MISC. No.70384 of 2024(3) dt.08-01-2025 2/2 antecedent.

5 . Howver, learned counsel for the State opposed the bail petition and submits that injury caused by petitioner No. 1 is grievous in nature .

6. Considering the nature of injury caused by petitioner no.1, his prayer for bail is rejected.

7. As the injury caused by petitioner no.2 is found simple in nature and also he claims clean antecedent, prayer for bail of all the petitioner no.2 is allowed. In the event of arrest/surrender within eight weeks from today, let this petitioner, mentioned 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 learned SDJM Raxaul at Motihari East Champaran in connection with Palanwa Police Station Case No. 35 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T