Kishor Yadav @ Rajkishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89649 of 2024 Arising Out of PS. Case No.-96 Year-2024 Thana- Manikpur District- Lakhisarai ====================================================== 1.

Kishor Yadav @ Rajkishor Yadav S/O Nathuni Yadav @ Natho Yadav R/o vill - Puarana Salempur, P.s. - Manikpur, Distt.- Lakhisarai 2.

Amit Kumar @ Amit Kumar Raj S/o Raj Kishor Yadav @ Kishor Yadav R/o vill - Puarana Salempur, P.s. - Manikpur, Distt.- Lakhisarai 3.

Sagar Yadav @ Ramsagar Yadav S/o Nathuni Yadav @ Natho Yadav R/o vill - Puarana Salempur, P.s. - Manikpur, Distt.- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Bihari Tiwary, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126, 115(2), 109, 352, 351(3), 303(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 3⁄4 of Witch Practices Prohibition Act.

3. As per prosecution case, on the alleged date and time of occurrence, on the order of petitioner No. 1, petitioner No. 2 assaulted on the head of informant with iron rod and petitioner No. 3 is alleged to have snatched her gold chain.

4. Learned counsel appearing for the petitioners

Patna High Court CR. MISC. No.89649 of 2024(2) dt.29-01-2025 2/3 submits that petitioners and informant are gotiyas and due to land dispute, altercation took place between them in which both sides sustained injuries. Case and counter case. There is no specific accusation of assault against petitioner Nos. 1 & 3. Rest of the allegations are ornamental to make the case grave.

5. Learned counsel for the State opposed the bail application and submits that petitioner No. 2 assaulted on the head of informant with iron rod as a result of which she sustained grievous injury.

6. In view of the fact that petitioner No. 2 caused grievous injury, prayer for anticipatory bail of petitioner No. 2 is refused.

7. However, considering the nature of accusation against petitioner Nos. 1 & 3, the anticipatory bail with regard to petitioner Nos. 1 & 3 is allowed and it is ordered that the above named petitioner Nos. 1 & 3 in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Manikpur P. S. Case No. 96 of 2024, subject to condition as laid down under Section 482(2) of

Patna High Court CR. MISC. No.89649 of 2024(2) dt.29-01-2025 3/3 the Bhartiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T