Patna High CourtCR. MISC./73702/2023bail granted

Anil Kumar Yadav v. The State Of Bihar

2024-01-09Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73702 of 2023 Arising Out of PS. Case No.-320 Year-2022 Thana- LAUKAHA District- Madhubani ====================================================== Anil Kumar Yadav S/O Bhogendra Yadav @ Bhogendra Prasad Yadav @ Yogendra Yadav R/O Village- Lalmaniya, P.S- Laukaha Lalmaniya O.P., Distt.- Madhubani.

... ... Petitioner/s

Versus

The State Of Bihar Bihar 2.

Renu Devi W/O Rajesh Kumar Yadav R/O Village- Lalmaniya, P.SLalmaniya O.P., Distt.- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Laukaha (Lalmaniya O.P.) P.S. Case No. 320 of 2022 dated 06.12.2022 registered for the offence/s punishable u/ss 341, 323, 435, 379, 354A, 504 and 506 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, it is alleged that the husband of the informant got eight Katha of agricultural land on

Patna High Court CR. MISC. No.73702 of 2023(2) dt.09-01-2024 2/3 Bharna (lease) from the co-accused for five years. When the informant was cultivating the aforesaid land, the petitioner along with the co-accused persons forcibly destroyed the crops from the tractor. On being protested, the petitioner along with the other co-accused persons started abusing her and assaulted her with fists and legs. It is further alleged that the petitioner pulled her Saree and also assaulted her.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case due to land dispute. Learned counsel has further submitted that the aforesaid land belongs to the petitioner but the informant side tried to possess the said land illegally. There is case and counter case between the parties. Similarly situated co-accused has already been granted anticipatory bail by the co-ordinate bench of this court vide order dated 20.07.2023 passed in Cr. Misc. No. 31894 of 2023. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be

Patna High Court CR. MISC. No.73702 of 2023(2) dt.09-01-2024 3/3 enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Jhanjharpur, Madhubani in connection with Laukaha (Lalmaniya O.P.) P.S. Case No. 320 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T