Allowed

Anil Yadav v. The State of Bihar

Patna HC8 Dec 2022CR. MISC./43402/2022

Case brief

AI extract

What is this about?

In this criminal miscellaneous matter, the Patna High Court, per Justice Shailendra Singh, granted regular bail to the petitioner charged with offences under Sections 307, 447, 341, 323, 307, 427, 504, 506, and 34 of the IPC. The court considered a land dispute as the genesis of the occurrence and the nature of injuries sustained.

What did the court decide?

Petitioner enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.

Anil Yadav Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43402 of 2022

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Arising Out of PS. Case No.-92 Year-2021 Thana- PIPRIYA District- Lakhisarai

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======================================================

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Anil Yadav Son of Munna Yadav Resident of Village- Dih Piparia, P.s.Piparia, District - Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar, Adv For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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3 08-12-2022

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The learned counsel for the petitioner is directed to

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remove all the defects pointed out by the Stamp Reporter within one month.

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Heard learned counsel for the petitioner and learned APP for the State.

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Petitioner seeks regular bail in connection with Piparia P.S. Case No. 92 of 2021 registered for the offences punishable under Sections 447, 341, 323, 307, 427, 504, 506 and 34 of the Indian Penal Code.

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As per the prosecution, this petitioner is alleged to have assaulted the informant by means of Iron Rod at the head of the informant.

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The main submissions advanced by learned counsel Mr.Mukesh Kumar, appearing for the petitioner are that in

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Patna High Court CR. MISC. No.43402 of 2022(3) dt.08-12-2022 2/3

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between both the parties there is a land dispute and there is a case and counter-case in between them and the mother of the petitioner lodged Piparia P.S. Case No. 93 of 2021 against the prosecution party and persons from both the sides sustained injury and a land dispute is stated to be the genesis of the occurrence and there is no allegation of repeated blows by Iron Rod against this petitioner. Further submission is that the petitioner has been languishing in jail since 07.05.2022 and admittedly a land dispute is running in between both the parties.

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Learned APP Mr. Mithlesh Kumar Khare, appearing for the State has opposed the prayer for bail.

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Heard both the sides and perused the FIR and the order of learned Court below. There is a case and counter-case in between both the parties and a land dispute is stated to be the genesis of the occurrence. Though this petitioner allegedly assaulted at the head of the informant by means of Iron Rod but there is no allegation of repeated blows by him on the body of the informant and at the skull of the informant only one injury measuring 1.5” x 1” was found as mentioned in the order of learned court below and the FIR goes to show that the alleged occurrence of assault took place at the spur of moment and the same does not appear having occurred in planned manner. In the

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Patna High Court CR. MISC. No.43402 of 2022(3) dt.08-12-2022 3/3

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light of these facts as well as considering the above submissions and petitioner’s custody period, in the opinion of this Court, the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Piparia P.S. Case No. 92 of 2021.

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(Shailendra Singh, J.)

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maynaz/-

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U T

Anil Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anil Yadav v. The State of Bihar

Case brief

What is this about?

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