Balgovind Yadav @ Balgovind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79149 of 2024 Arising Out of PS. Case No.-115 Year-2024 Thana- SIKANDRA District- Jamui ====================================================== 1.
Balgovind Yadav @ Balgovind Kumar Son of Rajo Yadav Resident of Village - Rajadih, P.S. - Sikandra, District - Jamui 2.
Bijay Yadav Son of Bindeshwari Yadav Resident of Village - Rajadih, P.S. - Sikandra, District - Jamui 3.
Santosh Yadav @ Santosh Kumar Son of Bijay Yadav Resident of Village - Rajadih, P.S. - Sikandra, District - Jamui ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Niranjan Parihar For the Opposite Party/s :
Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-12-2024
1. Heard the parties.
2. The petitioners apprehend their arrest in connection with Sikandra P.S. Case No. 115 of 2024 registered under Sections 147, 341, 323, 379, 504, 506, 307, 447 of the I.P.C.
3. As per the prosecution story on 24.03.2024 in the afternoon while the informant was sitting in front of his house, the petitioners along with other accused persons arrived there having lathi, rod etc. in their hands. It has further been alleged that on the order of the petitioner no. 2 (Bijay Yadav), the
Patna High Court CR. MISC. No.79149 of 2024(2) dt.09-12-2024 2/3 petitioner no. 1 assaulted the informant upon his head by means of iron rod and the petitioner no. 3 assaulted near the shoulder of the informant by means of "lathi".
4. Learned counsel for the petitioners submits that both the parties are co-sharers having land dispute between them. A counter case has been lodged by the side of the petitioners against the informant and others bearing Sikandra P.S. Case No. 116 of 2024. Referring to the injury report at Annexure-3 Series, learned counsel submits that injuries caused to the informant and others are simple in nature.
5. Regard being had to the submission made by the parties, taking into consideration the fact that both the parties are co-sharers having land dispute, a counter case has also been lodged by the side of petitioners and the injuries caused to the victims are simple in nature, as such, I am inclined to grant anticipatory bail to the petitioners.
6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Miss Sangita Kumari, JM 1st Class, Jamui in connection with
Patna High Court CR. MISC. No.79149 of 2024(2) dt.09-12-2024 3/3 Sikandra P.S. Case No. 115 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T