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2025 DAILYLAW 81348 (PAT)

Kamlesh Yadav v. The State of Bihar

CR. MISC./79566/2024 · 2025-04-11

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79566 of 2024 Arising Out of PS. Case No.-96 Year-2024 Thana- KUSHESHWARASTHAN District- Darbhanga ====================================================== Kamlesh Yadav S/O Maheshwar Yadav R/O Village- Baltharwa, P.S- Kusheshwar Sthan, Distt.- Darbhanga (Bihar). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amarnath Jha For the Opposite Party/s : Mr.Rajendra Singh For the Informant : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 3 11-04-2025 1. Heard the learned counsel for the petitioner and the learned APP for the State. 2. The petitioner seeks regular bail in connection with Kusheshwar Asthan PS case no. 96 of 2024 instituted for the offences punishable under Section 307 and other allied sections of the Indian Penal Code. 3. The prosecution case, as per the First Information Report, is that on 24.04.2024, while the informant was returning from his field on his motorcycle, he was intercepted by petitioner and other accused persons. The petitioner and co-accused Indal Yadav demanded rangdari of Rs. 2 lacs from the informant. It has been alleged that the petitioner assaulted the informant by means of farsa on his head. Co-accused Indal Patna High Court CR. MISC. No.79566 of 2024(3) dt.11-04-2025 2/3 Yadav assaulted the informant by khukhri. 4. Learned counsel for the petitioner submits that both parties are co-sharer having land dispute and the petitioner is in custody since 02.06.2024. Learned counsel further submits that other accused persons including co-accused Indal Yadav have been granted anticipatory bail by this Court in Cr. Misc. No. 81709 of 2024. He also submits that the injuries sustained by the informant are simple in nature. 5. On the other hand, learned counsel for the informant, State submit that there is specific allegation against the petitioner that he assaulted the informant on his head by farsa. The informant has sustained injuries, however the same has been opined by the doctor as simple in nature. 6. Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are co-sharer having land dispute and the injuries sustained by the informant is simple in nature, I deem it fit and appropriate to admit the petitioner to the privilege of bail. 6. Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Judicial Patna High Court CR. MISC. No.79566 of 2024(3) dt.11-04-2025 3/3 Magistrate-1st, Benipur, Darbhanga in connection with Kusheshwar Asthan PS case no. 96 of 2024. rinkee/- (Anil Kumar Sinha, J) U T