BINOD YADAV @ VINOD KUMAR YADAV @ LALLU YADAV @ v. The State of Bihar Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH Mr.Baidya Nath Prasad, Adv. Mr.Jitendra Kumar Singh, APP ORAL ORDER 2 22-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case in connection with Keoti P.S Case No. 57 of 2023 dated

20.02.2023 registered for the offence punishable u/ss 147, 149, 148, 323, 324, 307, 379, 354, 504 and 506 of the Indian Penal Code.

As per the prosecution case, the petitioner along with the co-accused persons armed with lathi, danda and lethal weapons surrounded the informant and started abusing. On being objected, the petitioner assaulted the informant with farsa on his head and the co-accused Sujeet Yadav assaulted the informant with a piece of bamboo. When the grand-mother of Patna High Court CR. MISC. No.78878 of 2023(2) dt.22-01-2024 the informant came to save him, then the accused persons Uday Yadav and Vinay Yadav slammed her on the ground by catching of her hair and assaulted her badly and thereafter, the accused persons Devkala Devi, Bibha Devi and Rina Devi snatched her mangalsutra. It is further alleged that the petitioner assaulted the informant’s uncle with farsa on his hand due to which his little finger was cut off and blood begin to ooze out. It is further alleged that the co-accused Vinay Yadav assaulted and outraged the modesty of the informant’s aunt and mother and snatched a golden mangalsutra from his mother’s neck.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is a case and counter case between the parties. Nothing has been recovered from the possession of the petitioner. There is land dispute between the parties. The injury of the informant is simple in nature as stated in para 7 of the bail petition. The injury of Devlal Yadav, one injury was found in his little finger which is non-vital part of the body as stated in para 8 of the bail petition. It is further submitted that the petitioner has no concern with the alleged offence. The co-accused persons have already been granted anticipatory bail by this court vide order dated

13.12.2023 passed in Cr. Misc. No. 75764 of 2023. The Patna High Court CR. MISC. No.78878 of 2023(2) dt.22-01-2024 petitioner has no criminal antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Darbhanga in connection with Keoti P.S. Case No. 57 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.