In cases of anticipatory bail, the court must consider the nature and gravity of the offense, the possibility of the accused absconding or tampering with evidence, and the likelihood of the accused committing similar offenses if released on bail.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58491 of 2022

Arising Out of PS. Case No.-255 Year-2019 Thana- NAUTAN District- West Champaran

======================================================

1.

LALLAN YADAV Son of Rajendra Yadav Resident of village - Gahiri

Kothi, Police Station - Nautan, District - West Champaran.

2.

Kallu Yadav Son of Rajendra Yadav Resident of village - Gahiri Kothi,

Police Station - Nautan, District - West Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

=====================================================

Appearance :

For the Petitioner/s

:

Mr.Anant Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP.

======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

2

03-01-2023

Heard the parties.

The petitioners apprehend their arrest in a case registered for

the offences punishable under Section 341, 323, 307, 312, 504, 34

of the Indian Penal Code.

Allegedly, petitioners along with other accused persons

abused and assaulted the informant. Petitioner no.1 is said to have

thrashed the informant on ground by holding her hair and hit the

informant on his stomach by his leg. Petitioner no.2 assaulted the

informant by fist.

It is submitted by learned counsel for the petitioners

that petitioners are quite innocent and have not committed any

offence. They have been falsely implicated in this case due to land

dispute. No such occurrence as alleged ever took place. From the

perusal of FIR, it is clear that there is previous dispute amongst the

Patna High Court CR. MISC. No.58491 of 2022(2) dt.03-01-2023

2/2

parties. Both the parties are agnates and due to land dispute amongst

them, this false and concocted case has been filed against the

petitionrs. Thought the allegation against the petitioners is that they

assaulted the informant, but the informant has not sustained any

injury over her body. Later on, the matter has been amicably

compromised between both the parties and hence the compromise

petition has also been filed in the lower court. Petitioner has no.1

has no criminal antecedent where as petitioner no.2 has one criminal

antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having

regard to the facts and circumstances of the case, let the above named

petitioners, be released on bail, in the event of their arrest or

surrender before the learned Court below within a period of six

weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees

Twenty Five Thousand) each with two sureties of the like amount

each to the satisfaction of the learned Court below where the case is

pending/successor Court in connection with Nautan P.S. Case No.

225 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

divyanshi/-

(Anjani Kumar Sharan, J)

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