Allowed

Anuj Yadav and Ors. v. The State Of Bihar

Patna HC1 Jul 2017CR. MISC./29400/2017

Case brief

AI extract

What is this about?

Single Judge Bench allowed anticipatory bail to four petitioners charged with offenses under CrPC sections 147, 148, and IPC sections 147, 148, 149, 341, 323, 307, 379, and 427 arising from a land dispute involving grievous injury allegations.

What did the court decide?

Petitioners allowed anticipatory bail on furnishing bail bonds of Rs. 10,000 each with two sureties of the like amount.

Anuj Yadav and Ors. Vs The State Of Bihar — Bail and Remand | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29400 of 2017

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Arising Out of PS.Case No. -119 Year- 2015 Thana -BITHAN BAZAR District- SAMASTIPUR

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====================================================== 1. Anuj Yadav 2. Rajo Yadav both 1 and 2 are son of late Kantlal Yadav

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Savitri Devi, wife of Buchi Yadav

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Lukhiya Devi wife of Anuj Yadav All are resident of village-Kelwari, Police Station-Bithan, DistrictSamastipur

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.... .... Petitioners

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Versus

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The State of Bihar

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.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kundan Kumar For the Opposite Party/s : Mr. Sri Nityanand Tiwary

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====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER

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2 01-07-2017 Heard the learned counsel for the petitioners and the learned APP for the State.

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The petitioners apprehend their arrest in connection with Bithan P.S. Case No. 119 of 2015 instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379 and 427 of the Indian Penal Code.

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The informant in his written report has alleged that on 09.10.2015, these petitioners and 6 others armed with deadly weapon came at his house and they started removing the thatched roof of his courtyard. The informant raised protest whereupon, they assaulted by means of iron rod and lathi. The accused persons snatched golden ornament of his wife from her

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Patna High Court Cr.Misc. No.29400 of 2017 (2) dt.01-07-2017

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ear and nose.

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Learned counsel for the petitioners submits that it was the informant and his men, who committed overt act for which a police case vide Bithan P.S. Case No. 120 of 2015 was registered for the offence under Sections 341, 323, 324, 308, 379, 380, 448 and 427/34 of the Indian Penal Code. In the said occurrence, from the side of these petitioners four persons sustained injuries. The injuries which were caused on informant and his men were found simple in nature and no offence under Section 307 of the Indian Penal Code is made out. Both parties are agnates and the occurrence took place on account of land dispute.

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The learned APP, on the other hand, opposed the submission.

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The injury reports available on record show that the informant sustained swelling injury on his head and the wife of informant and other co-accused also sustained lacerated wound on their person.

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In the aforesaid facts and circumstances of the case, the anticipatory bail application is allowed. The petitioners, above named, in the event of arrest / surrender within four weeks from today, be released on bail on furnishing bail bonds

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Patna High Court Cr.Misc. No.29400 of 2017 (2) dt.01-07-2017

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of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Rosera, District-Samastipur in connection with Bithan P.S. Case No. 119 of 2015, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sanjay Kumar, J)

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ajaypd./U T

Anuj Yadav and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Anuj Yadav and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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