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2025 DAILYLAW 29649 (PAT)

Jinsi Yadav v. The State of Bihar

CR. MISC./21548/2025 · 2025-05-15

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21548 of 2025 Arising Out of PS. Case No.-238 Year-2023 Thana- AMAUR District- Purnia ====================================================== Jinsi Yadav S/o Late Uttam Lal Yadav @ Late Uttam Yadav Resident of Village- Machhatta, PS- Amour, Distt.- Purnea ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajit Ranjan Kumar For the Opposite Party/s : Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 3 15-05-2025 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Amour Police Station Case No. 238 of 2023, dated 27.07.2023, disclosing offences under Sections 147/341/323/307/324/379/504/506 of the Indian Penal Code. 3. The prosecution case, as per the First Information Report, is that on 26.07.2023, at about 08:30 AM, while the informant was erecting wall at Mauza Machhatta, Thana No. 181, Khata No. 153, Khesra No. 631 in accordance with the decision of Panchayati, all the accused persons, including the petitioner, armed with dabiya, lathi, farsa, sword, etc. assaulted the informant. The co-accused Jiwan Patna High Court CR. MISC. No.21548 of 2025(3) dt.15-05-2025 2/3 Yadav ordered to kill the informant upon which all the accused persons started assaulting the informant. When the informant’s wife intervened, the petitioner assaulted her by means of dabiya on her head due to which she sustained injury. 4. Learned counsel for the petitioner submits that both the parties are agnates and there is land dispute between them. He next submits that a counter-case, bearing Amour Police Station Case No. 242 of 2023, has been lodged by the side of the petitioner against the informant and others, which has been brought on record by way of supplementary affidavit filed by for the petitioner. He further submits that injury caused to the informant is simple in nature. The petitioner has got no criminal antecedent. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are agnates having land dispute, there is case and counter-case between them and injury sustained by the informant is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, allowed. Patna High Court CR. MISC. No.21548 of 2025(3) dt.15-05-2025 3/3 7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Amour Police Station Case No. 238 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- (Anil Kumar Sinha, J) U T