IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44847 of 2024 Arising Out of PS. Case No.-170 Year-2022 Thana- BITHAN District- Samastipur ====================================================== 1. JAWAHAR YADAV SON OF TIRAN YADAV RESIDENT OF VILLAGE - SIHAMA, P.S. - BITHAN, DISTRICT - SAMASTIPUR 2. MITHLESH YADAV SON OF TIRAN YADAV RESIDENT OF VILLAGE - SIHAMA, P.S. - BITHAN, DISTRICT - SAMASTIPUR ... ... Petitioner/s Versus THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raja Ram Mishra, Advocate For the Opposite Party/s : Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 5 29-04-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 427, 354, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. 3. The allegation against the petitioner is that he, along with others, came to the house of the informant and resorted to assault by various weapons. 4. Learned counsel for the petitioner submits that the petitioners are all neighbors of the informant and there is a land dispute between them in the form of a title suit. The specific Patna High Court CR. MISC. No.44847 of 2024(5) dt.29-04-2025 2/3 allegation against petitioner no. 1 is of assault upon the informant's husband with farsa on head and with respect to petitioner no. 2, there is an allegation of assault upon Sikandar Yadav with rod on face. The injury reports would go to show that the injury sustained by both these injured persons are simple in nature caused by hard and blunt substance. In view of the injury report also, it is submitted that the allegation of assault by means of farsa etc., is false and has only being leveled to increase the seriousness of the case. The further submission is that there is no repetition of blow imputed to these petitioners and hence, no case under Section 307 IPC could be made out against them, 5. Learned APP for the State opposes the prayer for anticipatory bail application. 6. Taking into consideration the facts and also that they have no criminal antecedent, 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) with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Rosra, Samastipur, in connection with Bithan P.S. Case No. 170 of 2022, subject to the condition laid down under Section 438 (2) Patna High Court CR. MISC. No.44847 of 2024(5) dt.29-04-2025 3/3 of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and subject to the further condition that the petitioner shall co-operate in the investigation/trial. sharun/- (Soni Shrivastava, J) U T