Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90315 of 2024 Arising Out of PS. Case No.-100 Year-2024 Thana- BIHRA District- Saharsa ====================================================== Subhash Yadav Son of Late Priyavrat Yadav Village- Mokana, Ps- Bihra, Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Kumar Singh, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-01-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Bihra PS case no. 100 of 2024, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 13.05.2024 in the evening, no sooner than the informant arrived at his resident from Banaras, 3-4 unknown persons arrived on the motorcycle, started abusing and assaulting him. The petitioner along with others assaulted the informant on his head by iron rod and when his wife intervened, the petitioner caught her hair and

Patna High Court CR. MISC. No.90315 of 2024(2) dt.29-01-2025 2/3 pulled her on the ground.

4.

Learned Counsel for the petitioner submits that petitioner is younger brother of the informant and there is dispute regarding property between them. The allegation against the petitioner is that he along with other unknown persons assaulted the informant. The prosecution has not brought the injury caused to the informant on record. Learned counsel further submits that there is possibility of amicable settlement between both the brothers.

5.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both petitioner and informant are own brothers, the injury caused to the informant has not been brought on record by the prosecution and there is land dispute between them, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, 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

Patna High Court CR. MISC. No.90315 of 2024(2) dt.29-01-2025 3/3 in connection with Bihra PS case no. 100 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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