Patna High CourtCR. MISC./81769/2024bail granted

Brajesh Kumar Yadav v. The State Of Bihar

2024-12-17Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81769 of 2024 Arising Out of PS. Case No.-105 Year-2024 Thana- Mufassil District- Purnia ====================================================== 1.

Brajesh Kumar Yadav S/O Prahlad Yadav R/O Village- Pipra, Police stationMuffasil, District - Purnia. 2.

Bittu Kumar Yadav S/o Prahlad Yadav R/O Village- Pipra, Police stationMuffasil, District - Purnia. 3.

Bikki Kumar Yadav S/O Prahlad Yadav R/O Village- Pipra, Police stationMuffasil, District - Purnia. 4.

Suresh Yadav S/O Late Kikhru Yadav R/O Village- Pipra, Police stationMuffasil, District - Purnia. 5.

Gullu Kumar Yadav S/o Suresh Yadav R/O Village- Pipra, Police stationMuffasil, District - Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-12-2024

1. Heard the parties.

2. The petitioners apprehend arrest in connection with Muffasil P.S. Case No. 105 of 2024 registered under Sections 147, 148, 341, 323, 324, 325, 307, 379, 504, 354, 506 of the I.P.C.

3. As per the first information report on 22.06.2024 in the afternoon while the informant with her husband and other relatives were going towards their house from the market, all the accused persons, total seventeen named and four unknown,

Patna High Court CR. MISC. No.81769 of 2024(2) dt.17-12-2024 2/3 surrounded them and started the assaulting by lathi, iron rod, sword etc. due to which Dipak Kumar Yadav sustained injury on the right thigh and head. The petitioners along with other accused persons assaulted the husband of the informant from the butt of the pistol due to which he sustained injury on his head.

4. Learned counsel for the petitioners submits that both the the parties are co-villagers and are having land dispute between them. A counter case has been lodged by the side of the petitioners bearing Muffasil (Sadar) P.S. Case No. 110 / 2024 against the informant and others. Learned counsel referring to the injury report submits that injuries caused to the victims are simple in nature except the injury caused to Dipak Kumar Yadav and Rajkumar Bharti but not on the vital part of the body and the same has been caused near finger and ulna. The petitioner no. 1 and his father has also sustained injuries due to assault made to them by the side of the informant.

5. Regard being had to the submission made by the parties, taking into consideration the fact that both the parties are co-villagers having case and counter case, land dispute is also there and the injuries caused to the victims mostly are simple in nature except two persons, which are not on the vital part of the body, as such, I am inclined to grant anticipatory bail to the

Patna High Court CR. MISC. No.81769 of 2024(2) dt.17-12-2024 3/3 petitioners.

6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Muffasil P.S. Case No. 105 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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