Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68753 of 2022 Arising Out of PS. Case No.-246 Year-2022 Thana- BELHAR District- Banka ====================================================== 1.

SANJAY YADAV S/o Khekhan Yadav R/v- Madhukarpur, P.S.- Belhar, District- Banka 2.

PANKAJ YADAV S/o Sanjay Yadav R/v- Madhukarpur, P.S.- Belhar, District- Banka ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504, 506, 379, 34 of the Indian Penal Code.

Allegedly, the petitioners alongwith other co-accused persons went to the house of the informant and started abusing him. The petitioner no.1 assaulted informant's on his head and hand due to which he sustained injuries.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation against the petitioner no.1 is to assault the brother of the

Patna High Court CR. MISC. No.68753 of 2022(2) dt.24-01-2023 2/2 informant but no nature of the injury has been assigned. The allegation levelled against the petitioner no.2 is not specific rather general and omnibus in nature. There is a case and counter-case between the parties and both sides have sustained injuries. There is an admitted land dispute between the parties. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as there is a case and counter-case between the parties and both sides have sustained injuries, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Belhar P.S. Case No.246 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T