Devendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77753 of 2024 Arising Out of PS. Case No.-192 Year-2023 Thana- CHANDRAMANDI District- Jamui ====================================================== 1.

Devendra Yadav S/o- Late Mishri Yadav Village- Naukadih PsChandramandih Dist-Jamui 2.

Subhash Yadav @ Subhash Verma @ Subhash Yadav S/o- Devendra Yadav Village- Naukadih Ps- Chandramandih Dist-Jamui 3.

Khubhi Yadav Son of Late Chhakhu Yadav Village- Naukadih PsChandramandih Dist-Jamui 4.

Brahmdeo Yadav Son of Khubhi Yadav Village- Naukadih PsChandramandih Dist-Jamui 5.

Munshi Yadav Son of Late Chhakhu Yadav Village- Naukadih PsChandramandih Dist-Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-11-2024 1.

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

2.

This application, for grant of anticipatory bail, arises out of Chandramandih PS case no. 192 of 2023, 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 on 20.10.2023 in the morning, while the informant was returning after ploughing the land, petitioners and other accused persons, armed with weapons, assaulted her

Patna High Court CR. MISC. No.77753 of 2024(2) dt.25-11-2024 2/3 brutally and when one Kartik Yadav came to save her, he was also assaulted and he sustained injuries on his head and leg. 4.

Learned Counsel for the petitioners submits that there is admitted land dispute between the parties. Both the parties are agnates and informant is the cousin daughter-in-law of petitioner no. 1. Learned counsel further submits that there is two days' delay in lodging the F.I.R. The allegations against the petitioners are general and omnibus in nature. He also submits that during course of investigation, further statement of the informant was recorded, in which, she has differed with the prosecution story. Subsequently, the statement of Kartik Yadav was recorded, in which he has also given a different story. Referring to the impugned order, learned counsel submits that the nature of injuries have not been disclosed in the order. The injuries appears to be not serious.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the generality of allegation made against the petitioners and others as also the fact that both parties are agnates having previous enmity, I am inclined to grant the privilege of anticipatory bail to the petitioners.

6.

This application is, accordingly, allowed.

Patna High Court CR. MISC. No.77753 of 2024(2) dt.25-11-2024 3/3 7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st class, Jamui in connection with Chandramandih PS case no. 192 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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