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2025 DAILYLAW 77100 (PAT)

Shailendra Yadav @ Shelendra Kumar Yadav @ Salendra Kumar Yadav @ Lalu Kumar v. The State of Bihar

CR. MISC./71418/2024 · 2025-03-17

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71418 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- PHULPARAS District- Madhubani ====================================================== 1. Shailendra Yadav @ Shelendra Kumar Yadav @ Salendra Kumar Yadav @ Lalu Kumar Son of Prayaglal Yadav Resident of Village -Ward No. 09, Murli, P.S.- Phul paras, District -Madhubani 2. Manoj Kumar Yadav Son of Prayaglal Yadav Resident of Village -Ward No. 09, Murli, P.S.- Phul paras, District -Madhubani 3. Prayaglal Yadav Son of Lakhan Yadav Resident of Village -Ward No. 09, Murli, P.S.- Phul paras, District -Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Manish Kumar, Advocate For the State : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 17-03-2025 Heard learned counsels for the parties. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 354B, 379, 504, 506 and 34 of the Indian Penal Code. 3. As per prosecution case, Petitioner No. 1 is alleged to have assaulted on the head of son of informant by means of khanti and also assaulted on the head and neck of Mithilesh Kumar. Petitioner No. 3 is alleged to have assaulted on head of son of informant twice and Petitioner No. 2 is alleged to have snatched silver earrings of informant. Patna High Court CR. MISC. No.71418 of 2024(5) dt.17-03-2025 2/3 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have committed no offence. As a matter of fact, on the alleged date and time of occurrence, on account of land dispute between the parties, maar-peet took place in which both sides sustained injuries. There is case and counter-case between the parties and case lodged by Petitioner No. 1 against the informant’s side is earlier in point of time. Petitioners claim clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 6. Considering the aforesaid facts and circumstances, case and counter-case between the parties and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged 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 C.J.M., Jhanjharpur in connection with Phulparas P.S. Case No. 19 of 2024, subject to condition as laid down under Section 438(2) of the Code of Patna High Court CR. MISC. No.71418 of 2024(5) dt.17-03-2025 3/3 Criminal Procedure. shashank/- (Prabhat Kumar Singh, J) U T