Amit Yadav @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85529 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- MORKAHI District- Khagaria ====================================================== Amit Yadav @ Amit Kumar, Son of Dinesh Yadav Resident of Village - Paras, P.S.- Morkahi (Amausi O.P.), Distt - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-02-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Morkahi P.S. Case No.64 of 2019, G.R. No.1639 of 2019, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 504/34 of the Indian Penal Code. The allegation against the petitioner is that he along with other co-accused persons assaulted the informant and his family members by means of Khanti on the head of Rudal Yadav. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case due to previous enmity and land dispute between the family members of the petitioner and the informant. Learned counsel further submits that all the cases mentioned in paragraph No.3 of this application have been lodged by the side of the informant. Learned counsel

Patna High Court CR. MISC. No.85529 of 2019(2) dt.13-02-2020 2/2 relying upon Annexure-3 series submits that the injuries caused to Rudal Yadav, allegedly assaulted by the petitioner, has been found to be simple in nature.

After having heard learned counsel for the parties and taking into consideration the fact that there appears to be land dispute between the parties and there is case and counter case between the parties and the injuries caused to the victim have been found to be simple in nature, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Morkahi P.S. Case No.64 of 2019, G.R. No.1639 of 2019 subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

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