IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74941 of 2024 Arising Out of PS. Case No.-207 Year-2023 Thana- CHANDRAMANDI District- Jamui ====================================================== 1. Dinesh Yadav S/o Devi Yadav R/o Village- chhatakuram, PS- chandramandi, Dist- Jamui 2. Balmukund Yadav S/o Nunpat Yadav R/o Village- chhatakuram, PS- chandramandi, Dist- Jamui 3. Parmeshwar Yadav @ Parmeshwar Mahto S/o Nunpat Yadav R/o Village- chhatakuram, PS- chandramandi, Dist- Jamui ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akash Raj, Adv. For the State : Mr. Anuj Kumar Shrivastava, APP. For the Informant : Mr. Pramod Kumar, Adv. ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 15-04-2025 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant. 2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 448, 307, 379 and 504 of the Indian Penal Code. 3. The FIR has been lodged by the informant, who has alleged that on 02.11.2023 at about 12:00 PM, due to land dispute, all the FIR named accused persons including the petitioners variously armed with farsa, sword, axe, iron rod, lathi, danda and stones came at the informant’s house and Patna High Court CR. MISC. No.74941 of 2024(3) dt.15-04-2025 2/4 started abusing him. It is alleged that petitioner no.1 gave farsa blow on the head of Falguni Yadav causing head injury and petitioner no.2 is said to have assaulted Falguni Yadav with iron rod. Petitioner no.3 along with petitioner no.2 and one Suni Yadav is said to have assaulted Digo Yadav causing him hand, thigh and head injuries. In the last part of the FIR, it has been alleged that petitioner no. 1 took away Rs. 53,700/- cash from the shop of the informant and petitioner no.2 snatched golden watch from the possession of the informant’s son. 4. Learned counsel for the petitioners submits that the FIR itself shows that the dispute in the instant case arises out of land dispute and there is case and counter case between the parties. It is further submitted that both sides have sustained injuries in the free fight which happened between the parties. Learned counsel for the petitioners has drawn the attention of the Court to Annexure 2 of this petition, which is the FIR of Chandramandi P.S. Case No. 210 of 2023 and the same was lodged by wife of petitioner no.1 against the informant and his family members on account of dispute that arose on 02.11.2023 with regard to cattle. The injuries sustained during the course of such occurrence has also been brought on record vide Annexure No. P/5 series which are the injury reports of injured Patna High Court CR. MISC. No.74941 of 2024(3) dt.15-04-2025 3/4 Dinesh Yadav and Haro Yadav. 5. Learned APP for the State and learned counsel for the informant has opposed the prayer for anticipatory bail by submitting that there are direct allegations of assault against the petitioners and one of the injuries sustained by injured Falguni Yadav was found grievous in nature. 6. In response to the same, learned counsel for the petitioners has submitted that injuries have been sustained in the free fight between the parties and injuries are on both sides. It is also gathered from the perusal of the injury report that as against the allegation of farsa blow given by petitioner no.1 upon Falguni Yadav, no sharp cutting injury has been found on his head. It would further appear that out of four injuries, three injuries are simple in nature and only one injury is found grievous caused by hard and blunt substance which is on the forearm, which is not a vital part of the body. So far as the injury report of Digo Yadav is concerned, it is gathered that all the three injuries sustained by him are simple in nature. Learned counsel for the petitioners has also pointed out that two co-accused persons in the present case, namely, Sunil Yadav and Pradeep Yadav have been enlarged on anticipatory bail by this Court vide order dated Patna High Court CR. MISC. No.74941 of 2024(3) dt.15-04-2025 4/4 03.09.2024 passed in Cr. Misc. No. 55372 of 2024. 7. Considering the facts and circumstances of the case, the clean antecedent of the petitioners and particularly the facts that there is case and counter case, the injuries were found on both sides and both the parties are agnates, I am inclined to grant the privilege of anticipatory bail to the petitioners. Let the petitioners, above named, in the event of their 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 J.M., 1st Class, Jamui in connection with Chandramandi P.S. Case No. 207 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023. divyanshi/- (Soni Shrivastava, J) U T