Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76910 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- SONBERSHA RAJ District- Saharsa ====================================================== 1.

Raj Kumar Yadav Son of Narad Yadav R/O Vill.- Tamkulha, Ward no. 7, P.S.- Sonbarsa Raj, Dist.- Saharsa.

2.

Sushil Yadav @ Susil Yadav Son of Late Naval Yadav R/O Vill.- Tamkulha, Ward no. 7, P.S.- Sonbarsa Raj, Dist.- Saharsa. 3.

Akhilesh Yadav @ Aklesh Yadav Son of Late Naval Yadav R/O Vill.- Tamkulha, Ward no. 7, P.S.- Sonbarsa Raj, Dist.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-11-2024

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

2. This application, for grant of anticipatory bail, arises out of Sonbarsa Raj Police Station Case No. 27 of 2024, dated 12.02.2024, disclosing offences punishable under Sections 341/323/307/379/504/506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, as per the First Information Report, is that on 11.02.2024, due to land dispute, the petitioners and other co-accused persons, assaulted the informant and his son. It has been alleged that the petitioner no. 1 has

Patna High Court CR. MISC. No.76910 of 2024(2) dt.19-11-2024 2/3 assaulted the son of the informant by means of farsa on his head, due to which he sustained injury. The allegation against petitioner nos. 2 and 3 is of firing.

4. Learned Counsel for the petitioners submits that the occurrence has taken place due to land dispute between the parties and a counter case has been lodged by he side of the petitioners against the informant and others, bearing Sonbarsa Raj Police Station Case No. 32 of 2024. The side of the petitioners have also sustained injuries. Referring to the impugned order, learned Counsel submits that the injuries caused to the informant and his son are simple in nature.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that due to land dispute, case and counter case has been lodged by the parties and the injuries sustained by the informant and his son are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on

Patna High Court CR. MISC. No.76910 of 2024(2) dt.19-11-2024 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saharsa, in connection with Sonbarsa Raj Police Station Case No. 27 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 √