Binod Bihari Dubey @ Vinod Bihari Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85811 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- AANDAR District- Siwan ====================================================== 1.

Binod Bihari Dubey @ Vinod Bihari Dubey, Son of Late Jagnarayan Dubey Resident of Village- Mahmudpur, P.S.- Andar, District- Siwan. 2.

Sadanand Dubey @ Bhola Dubey @ Sadanand Awanish @ Bhola Dubey Son of Vinod Bihari Dubey Resident of Village- Mahmudpur, P.S.- Andar, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2020 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Andar P.S. Case No.81 of 2019, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504, 506 of the Indian Penal Code.

The allegation against the petitioners is that the petitioners along with other accused persons assaulted the informant and his father by means of lathi, danda, iron rod etc. Mr. Raghav Prasad, learned counsel appearing for the petitioners submits that petitioners and the informant are cosharer and there is land dispute between them. Learned counsel further submits that specific allegation of assault is upon

Patna High Court CR. MISC. No.85811 of 2019(2) dt.20-02-2020 2/2 co-accused, Binay Kumar and thereafter, it has been alleged that the petitioners also assaulted the informant and his brother. Learned counsel referring to Annexure-2 submits that injuries caused to the informant and his brother have been found to be simple in nature.

After having heard learned counsel for the parties and taking into consideration the fact that both the parties are cosharer and there is land dispute between them and injuries caused to the informant and others are simple in nature, I am inclined to grant anticipatory bail to the petitioners.

Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, First Class, Siwan in connection with Andar P.S. Case No.81 of 2019, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

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