Narad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83253 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- SONBERSHA RAJ District- Saharsa ====================================================== Narad Yadav S/o- Late Uttim yadav Village- Tamkulha, ward no-7, Sonbarsa raj, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Munish Om Prakash Singh For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-01-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Sonbarsa Raj Police Station Case No. 27 of 2024, dated 12.02.2024, disclosing offences punishable under Sections 341/323/307/379/504/506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, as per the First Information Report, is that on 11.02.2024, due to land dispute, the petitioner and other co-accused persons assaulted the informant and his son. It has been alleged that the petitioner assaulted the informant by means of farsa on his head, due to which he sustained head injury.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.83253 of 2024(3) dt.17-01-2025 2/3 occurrence has taken place due to land dispute between the parties and a counter case has been lodged by the side of the petitioner against the informant and others, bearing Sonbarsa Raj Police Station Case No. 32 of 2024. The side of the petitioner has also sustained injuries. Referring to the impugned order, learned Counsel submits that the injuries caused to the informant is simple in nature. He further submits that similarly situated co-accused persons, namely, Raj Kumar Yadav, Sushil Yadav and Akhilesh Yadav, have been granted anticipatory bail by this Court, vide order, dated 19.11.2024, passed in Criminal Misc. No. 76910 of 2024.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that due to land dispute, case and counter case has been lodged by the parties, the injuries sustained by the informant is simple in nature and similarly situated coaccused has been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest

Patna High Court CR. MISC. No.83253 of 2024(3) dt.17-01-2025 3/3 or surrender before the Court below within a period of four weeks from today, 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 Judicial Magistrate, 1st Class, Saharsa, in connection with Sonbarsa Raj Police Station Case No. 27 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √