Bindeshwar Rai @ Bindeshwar Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78618 of 2024 Arising Out of PS. Case No.-106 Year-2024 Thana- PARSAUNI District- Sitamarhi ====================================================== Bindeshwar Rai @ Bindeshwar Prasad Yadav Son of Late Ganesh Prasad @ Ganesh Prasad Yadav Resident of Village- Dema, P.S.- Parsauni, DistSitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurav Anand, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-01-2025
1. Heard learned Counsel for the petitioner and learned APP for the State.
2. This application, for grant of regular bail, arises out of Parsauni PS case no. 106 of 2024, disclosing offences punishable under Sections 191(2), 126, 115, 303, 117(2), 109 and 352 of the B.N.S., 2023.
3. As per the prosecution story, on 06.07.2024, the informant's brother i.e., petitioner, who was living separately, started digging the passage and when objected by the informant, co-accused assaulted the informant by means of iron rod on his head. Thereafter all the accused persons assaulted the informant. It has further been alleged that the accused persons assaulted the daughter-in-law, Kanti Devi, by means of lathi and the petitioner
Patna High Court CR. MISC. No.78618 of 2024(3) dt.17-01-2025 2/3 pulled her on the ground by catching hold of her hair.
4. Learned counsel for the petitioner submits that the petitioner is the full brother of the informant. There is dispute between them with regard to passage. A counter case has been lodged by the side of the petitioner bearing Parsauni P.S. Case No. 105 of 2024. The allegation against the petitioner of assault is not specific, the same is general and omnibus in nature. The co-accused persons, Rajesh Rai and Manoj Kumar, who happened to be the sons of the petitioner, have been granted anticipatory bail by this Court in Cr. Misc. No. 80472 of 2024. The petitioner is in custody since 22.07.2024.
5. Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are closely related, the occurrence has taken place due to dispute regarding passage between them, coaccused persons have been granted anticipatory bail by this Court and the petitioner is in custody since 22.07.2024. I am inclined to grant regular bail to the petitioner.
6. This application is, accordingly, allowed.
7. Let petitioner, above named, 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.78618 of 2024(3) dt.17-01-2025 3/3 J.M. 1st Class-cum-Additional Munsif, Sitamarhi, in connection with Parsauni P.S. Case No. 106 of 2024.
(Anil Kumar Sinha, J) aditya/- U