Allowed¶16

Balistar Yadav v. the State of Bihar

Patna HC20 Feb 2024CR. MISC./9239/2024

Case brief

AI extract

What is this about?

Patna High Court, Cr. Misc. No. 9239 of 2024 (decided 20-02-2024, Khatim Reza, J.) - anticipatory bail allowed to Balistar Yadav in Dhanaha PS Case No. 81 of 2023 (West Champaran; IPC Ss. 341, 323, 324, 307, 379, 504, 506, 34; barricading dispute/Lathi assault on Chandi Yadav); release on surrender/arrest within six weeks; bail bonds Rs. 10,000 with two like sureties before JM 1st, Bagaha; subject to S. 438(2) Cr.P.C. conditions.

What did the court decide?

Anticipatory bail: release upon arrest/surrender within six weeks in connection with Dhanaha P.S. Case No. 81 of 2023, on bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM 1st, Bagaha, West Champaran, or appropriate Court below, subject to conditions under Section 438(2) Cr.P.C. ¶16

Balistar Yadav Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Dhanaha P.S. Case No. 81 of 2023 (offences under IPC Sections 341, 323, 324, 307, 379, 504, 506 and 34), is entitled to release on anticipatory bail

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Court's answer

In the event of arrest or surrender within six weeks in connection with Dhanaha P.S. Case No. 81 of 2023, the petitioner shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM 1st, Bagaha, West Champaran, or appropriate Court below, subject to the conditions under Section 438(2) Cr.P.C.

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Detailed headnote1 paragraphs

Anticipatory bail granted - Single-judge oral order of the High Court of Judicature at Patna (Hon'ble Khatim Reza, Justice) allowing Criminal Miscellaneous application of Balistar Yadav, who apprehended arrest in Dhanaha P.S. Case No. 81 of 2023 dated 09-05-2023, instituted for offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 IPC (alleged scuffle over barricading dispute; petitioner said to have assaulted informant's brother Chandi Yadav with a Lathi causing injury to palm/finger). Held: in the event of arrest or surrender within six weeks, petitioner to be released on anticipatory bail upon bail bonds of Rs. 10,000/- with two sureties of the like amount each before the learned JM 1st, Bagaha, West Champaran or appropriate Court below, subject to Section 438(2) Cr.P.C. conditions. Counsel had urged innocence, mild fracture possibly from a fall, an admitted land dispute, and one pending case in which petitioner was already on bail; the learned APP opposed the prayer. Application stood allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9239 of 2024

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Arising Out of PS. Case No.-81 Year-2023 Thana- DHANAHA District- West Champaran

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====================================================== Balistar Yadav S/O- Late Baburam Yadav R/O- Village- Mushari Baira Bazar,

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P.S.- Dahana, Dist.- West Champaran.

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... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Prerna Anand, Adv. For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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2 20-02-2024

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in connection with Dhanaha P. S. Case No. 81 of 2023 dated 09-05-2023, instituted for the offence punishable under Sections 341,323,324,307,379, 504,506 and 34 of the Indian Penal Code.

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The case of prosecution, in short, is that over a dispute of barricading, scuffle took place between the informant and the accused persons. On alarm raised by the informant, while his brothers came to rescue him, it is alleged that petitioner assaulted by means of ‘Lathi’ on the left hand of Chandi Yadav, causing injury on his palm.

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Patna High Court CR. MISC. No.9239 of 2024(2) dt.20-02-2024 2/3

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Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. It is submitted that there is no allegation against the petitioner to assault the informant. The only allegation against the petitioner is that he assaulted the brother of informant, namely, Chandi Yadav by means of ‘Lathi’ who got fractured injury on his finger and that too mild, which was possible due to sudden falling on the earth. It is further submitted that there is admitted land dispute between the parties. Lastly, it is submitted that one criminal case is pending against the petitioner, in which, he is on bail.

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Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

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Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Dhanaha P.S. Case No. 81 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM 1^st , Bagaha, West Champaran, or appropriate Court below, subject to condition as laid down under Section 438(2) of the

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Patna High Court CR. MISC. No.9239 of 2024(2) dt.20-02-2024 3/3

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Cr.P.C.

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The application stands allowed.

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(Khatim Reza, J)

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shyambihari/-

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U T

Balistar Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Balistar Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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