Girdhari Yadav @ Girdhar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74186 of 2023 Arising Out of PS. Case No.-293 Year-2020 Thana- BANKA District- Banka ====================================================== GIRDHARI YADAV @ GIRDHAR YADAV S/O JADDU YADAV R/O VILLAGE- HARIPUR, PS. AND DIST. BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-11-2023 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Banka PS case no. 293 of 2020, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that the petitioner along with other accused persons assaulted the informant by means of lathi, danda, iron rod etc. and co-accused Jaddu Yadav snatched a sum of Rs. 1200/- from the informant.

4.

Learned Counsel for the petitioner submits that there is land dispute between the parties, which is evident from the F.I.R. itself. It is further submitted that allegation against the

Patna High Court CR. MISC. No.74186 of 2023(2) dt.29-11-2023 2/2 petitioner is general and omnibus in nature and similarly situated co-accused persons have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 23.02.2022, passed in Cr. Misc. no. 26285 of 2021.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the nature of offence alleged against the petitioner and the fact that similarly situated co-accused persons have already been granted anticipatory bail by a co-ordinate Bench of this Court, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within four weeks, be released 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 Chief Judicial Magistrate, Banka in connection with Banka PS case no. 293 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T