Haresh Yadav @ Haresh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78537 of 2024 Arising Out of PS. Case No.-188 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== Haresh Yadav @ Haresh Kumar Yadav S/o Sri Hukum yadav R/o vill - Jigana Rajghat, P.S - Mirganj, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Yadav For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-12-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Mirganj Police Station Case No. 188 of 2024, dated 17.05.2024, disclosing offences punishable under Sections 341/323/307/379/504/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 15.05.2024, all the accused persons, including the petitioner, were closing the passage/road by filling it with soil and when the informant and her daughter objected, the accused persons abused them, assaulted them and it has been alleged that the petitioner assaulted the informant and her daughter by means of iron-rod on

Patna High Court CR. MISC. No.78537 of 2024(2) dt.03-12-2024 2/3 head.

4. Learned Counsel for the petitioner submits that there is land dispute between the parties since long. The allegation against the petitioner is of assaulting the informant and her daughter and the informant has sustained simple injury. Insofar as the daughter of the informant is concerned, her injury has been mentioned in the impugned order, but the same has not been described as grievous in nature.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are having previous land dispute, the injury caused to the informant is simple in nature and the injury sustained by the informant's daughter has not been described as grievous in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, 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

Patna High Court CR. MISC. No.78537 of 2024(2) dt.03-12-2024 3/3 Chief Judicial Magistrate, Gopalganj, in connection with Mirganj Police Station Case No. 188 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √