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Patna High CourtCR. MISC./83511/2024partly allowed disposal

Upendra Yadav v. The State Of Bihar

2025-04-29Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83511 of 2024 Arising Out of PS. Case No.-180 Year-2024 Thana- SINGHESHWAR District- Madhepura ====================================================== 1.

Upendra Yadav Son of Late Raghuveer Yadav Resident of Village - Gahumani Ward No.-07, P.S. - Singheswar, District - Madhepura 2.

Prince Kumar Son of Sri Shambhu Yadav Resident of Village - Gahumani Ward No.-07, P.S. - Singheswar, District - Madhepura 3.

Mannu Kumar Son of Sri Shambhu Yadav Resident of Village - Gahumani Ward No.-07, P.S. - Singheswar, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. At the outset, learned counsel for the petitioner prays for withdrawal of the anticipatory bail application on behalf of petitioner no. 1 Upendra Yadav.

3. Prayer is allowed.

4. Accordingly, the application on behalf of Upendra Yadav is dismissed as withdrawn.

5. So far as the other petitioners are concerned, the allegation in the First Information Report is that they have assaulted the informant's two brothers, sister-in-law (Bhabhi) and mother with rod.

Patna High Court CR. MISC. No.83511 of 2024(3) dt.29-04-2025 2/3

6. Learned counsel for the petitioners submits that the allegations levelled in the First Information Report are not correct and both the parties are not only next door neighbours but also agnates and there is land dispute going on between them. So far as injuries are concerned, it is only Bhupendra Yadav who had sustained grievous injury which is attributable to Upendra Yadav. The injury report of Sudhir Kumar would show that he has received lacerated wound on his lower lip which is simple in nature and injury of other brother Kundan Yadav is also an abrasion on the shoulder which is simple in nature caused by hard and blunt object. So far as the female members of the family are concerned, they have not suffered any injury.

7. Learned APP for the State has opposed the application for anticipatory bail.

8. Taking into Consideration facts and circumstances and also that the petitioners have no criminal antecedent, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.83511 of 2024(3) dt.29-04-2025 3/3 of the learned court below where the case is pending/successor court in connection with Singheshwar P.S. Case No. 180 of 2024, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Soni Shrivastava, J) devendra/- U T