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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21861 of 2025 Arising Out of PS. Case No.-448 Year-2023 Thana- BELAGANJ District- Gaya ======================================================
1.
SATYENDER YADAV S/O LATE ROHAN YADAV R/o vill - Gobraha, P.S.- Belaganj, Distt.- Gaya
2. Shivani Devi @ Sowa Kumari W/o Satyender Yadav R/o vill - Gobraha, P.S.- Belaganj, Distt.- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar Yadav For the Opposite Party/s : Mr.Aditya Narayan Singh.1 ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 30-04-2025
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Belaganj Police Station Case No. 448 of 2023, dated 11.07.2023, disclosing offences punishable under Sections 323/341/325/308/504/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 11.07.2023 in the morning, the petitioner no. 1 arrived and demanded the documents of the land from the informant and when the informant refused, the petitioner no. 1 assaulted the informant with bricks, due to which
Patna High Court CR. MISC. No.21861 of 2025(2) dt.30-04-2025 2/3 the informant sustained injury in the wrist of left hand. When the daughter of the informant intervened, the petitioners assaulted her with bricks, due to which the informant’s daughter sustained head injury.
4. Learned Counsel for the petitioners submits that the petitioner no. 1 is the own brother of the husband of the informant and the informant is the sister-in-law of the petitioner no. 1. The petitioner no. 2 is the wife of petitioner no. 1. There is land dispute between the parties inasmuch as after partition, the constructed portion was given in favour of the informant and the parti land was given in favour of the petitioners. Adjacent to the parti land, there is gair mazarua aam land, on which cattle are being kept by the petitioners and the informant’s side is trying to claim the parti land. Referring to the impugned
order, learned Counsel submits that the injuries sustained by the victims are simple in nature.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are closely related, there appears to be land dispute between the parties and the injuries sustained by the victims are simple in nature, I am inclined to grant
Patna High Court CR. MISC. No.21861 of 2025(2) dt.30-04-2025 3/3 the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Belaganj Police Station Case No. 448 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √