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Patna High CourtCR. MISC./77808/2019partly allowed disposal

Naresh Yadav v. The State Of Bihar

2020-03-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77808 of 2019 Arising Out of PS. Case No.-202 Year-2018 Thana- BELAGANJ District- Gaya ====================================================== 1.

Naresh Yadav, aged about 42 years, Male, Son of Rohan Yadav, Resident of Village - Vajitpur, P.S.- Belaganj, Distt - Gaya. 2.

Binod Yadav Amin @ Binod Yadav, aged about 30 years, Male, Son of Shiv Kumar Yadav, Resident of Village - Harigaon, P.S.- Belaganj, Distt - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Ranjan Kumar, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-03-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Belaganj P.S. Case No.202 of 2018 registered for the offences punishable under Sections 341, 323, 325, 337, 308, 379, 504, 506, 34 of the Indian Penal Code.

Allegation against the petitioners is that the petitioners along with other co-accused persons assaulted the informant and his son by lathi and danda etc.

Learned counsel for the petitioners submits that the petitioner no.2 Binod Yadav is Amin. Learned counsel for the petitioners further submits that there is case and counter case between the parties and there is land dispute. Learned counsel for the petitioners further submits that there is general and omnibus

Patna High Court CR. MISC. No.77808 of 2019(3) dt.06-03-2020 2/2 allegation against the petitioners. Learned counsel for the petitioners further submits that the petitioner no.2 Binod Yadav, Amin had gone to place for measurement of the land. The injury report shows that all the injuries are grievous in nature which is mentioned in paragraph64 of the case diary. In the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner no.1. Accordingly, the prayer for grant of anticipatory bail to the petitioner no.1 is hereby rejected.

So far as petitioner no.2, Binod Yadav Amin @ Binod Yadav is concerned, there is no specific allegation. In the facts and circumstances of the case, let the petitioner no.2, namely, Binod Yadav Amin @ Binod Yadav be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. Case No. 202 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T