Suresh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90314 of 2024 Arising Out of PS. Case No.-118 Year-2024 Thana- KISHANPUR District- Supaul ====================================================== Suresh Yadav S/O Jagdish Yadav R/O Village- Sukhashan, Barhattha, P.SKishanpur, Distt.- Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra, Advocate For the Opposite Party/s :
Mr.Satya Nand Shukla, 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 Kishunpur PS case no. 118 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 06.05.2024 in the afternoon, petitioner along with other accused persons arrived at the door of the informant and started abusing and when objected, petitioner assaulted him by means of farsa on his head and when informant's son and his wife intervened, all accused persons assaulted them and disrobed his wife.
4.
Learned Counsel for the petitioner submits that
Patna High Court CR. MISC. No.90314 of 2024(2) dt.29-01-2025 2/3 from perusal of the First Information Report, it would be evident that there is long-standing land dispute between the parties. Learned counsel further submits that the occurrence has taken place on 06.05.2024 but the F.I.R. has been lodged on 12.05.2024 i.e. after 06 days of the occurrence without any cogent explanation. He next submits that a counter case has been lodged by the side of the petitioner bearing Kishunpur PS Case No. 134 of 2024, which is annexed as Annexure-P/2 to the present application. He also submits that the injury caused to the informant is simple in nature, as would be evident from Annexure-3 to the present petition.
5.
Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both parties are co-villager having land dispute, case and counter case is existing between the parties and injury caused to the informant is simple in nature, 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
Patna High Court CR. MISC. No.90314 of 2024(2) dt.29-01-2025 3/3 satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Kishunpur PS case no. 118 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