Sandeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73451 of 2022 Arising Out of PS. Case No.-456 Year-2021 Thana- MURLIGANJ District- Madhepura ====================================================== Sandeep Yadav Son of Dayanand Yadav R/O Village- Haripur Kala, Ward No.7, P.S.- Murliganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-07-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 379, 325, 307, 504, 506 of the Indian Penal Code and Section 302 of the Indian Penal Code was added later on.

Prosecution case, in brief, is that on 21.12.2021 in the morning, an argument took place between the informant and his cousin Milan Kumar. Meanwhile, all the F.I.R. named accused persons including this petitioner came there and assaulted by means of lathi, rod causing fracture in the right hand of the informant. When mother and father came to save him, all the accused persons assaulted them too due to which mother of the informant died.

Patna High Court CR. MISC. No.73451 of 2022(4) dt.07-07-2023 2/2 Learned counsel appearing for the petitioner submits that both parties are agnets and due to land dispute this petitioner has been falsely implicated in this case. During course of investigation, informant has categorically stated that it was co-accused Santosh Yadav who assaulted the parents of the informant as a result of which mother of the informant succumbed to injury. As far as petitioner is concerned, he was not present at the place of occurrence. Petitioner has got clean antecedent.

Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Additional Chief Judicial Magistrate-I, Madhepura in connection with Murliganj P. S. Case No. 456 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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