Indal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72698 of 2022 Arising Out of PS. Case No.-86 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Indal Yadav S/o Debu Yadav R/o Village- Bahera, P.S.- Kusheshwarasthan, Distt- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Singh For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

As per the FIR, an altercation took place between the parties over the issue of share and demarcation of land. Allegation against the petitioner is that he assaulted the informant by Farsa on his head, causing head injury. It is submitted that the alleged occurrence took place between the parties due to share and boundary of land. Both sides sustained injuries. Case and counter case. The doctor has found the injury attributed to this petitioner simple in nature.

Patna High Court CR. MISC. No.72698 of 2022(2) dt.23-03-2023 2/2 However, counsel for informant vehemently opposed the prayer for bail and submitted that petitioner has caused three sharp cut injury on the head of informant and petitioner has got two criminal antecedents.

In reply counsel for petitioner submits that in both the cases petitioner is on bail.

Considering the backdrop in which scuffle took place and the nature of injury, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 Sub-Divisional Judicial Magistrate at Biraul, Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 86 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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