Surendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5093 of 2020 Arising Out of PS. Case No.-280 Year-2019 Thana- RANIGANJ District- Araria ====================================================== 1.
Surendra Yadav Son of Late Sone Lal Yadav 2.
Bechan Yadav Son of Late Sone Lal Yadav 3.
Dinesh Yadav Son of Late Sone Lal Yadav 4.
Sunil Yadav Son of Saryug Yadav 5.
Sudhir Yadav @ Sudhir Kumar Yadav Son of Saryug Yadav 6.
Rakesh Kumar son of Dinesh Yadav 7.
Saryug Yadav Son of Jibachh Yadav All are resident of Village - Koshkapur Ward No. 12, P.S.- Raniganj, Distt - Araria.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar, Adv.
Miss Supriya Rani, Adv.
Miss Priyanka Kumari, Adv.
For the Opposite Party/s :
Mr. Mohammad Sufyan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Raniganj P.S. Case No. 280 of 2019 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 379, 506, 504/34 of the Indian Penal Code.
Petitioners are named in the first information report and it is alleged that petitioner no. 1 gave farsa blow causing
Patna High Court CR. MISC. No.5093 of 2020(2) dt.03-03-2020 2/3 head injury to informant's son, namely, Sanjay Yadav. The photostat copy of injury report of injured Sanjay Yadav has been annexed as Annexure-2 to the petition and the aforesaid injury report goes to show that injured Sanjay Yadav sustained two incised wounds on his head and opinion regarding the aforesaid injuries was kept reserved by the concerned doctor. So far as petitioners no. 2 to 7 are concerned, they allegedly assaulted the informant as well as informant's nephew but the impugned order goes to show that informant as well as maternal nephew of the informant did not sustain any injury as their injury reports were not brought on record by the investigating officer. Moreover, it is informed that the alleged occurrence took place on account of land dispute and petitioner no. 5 lodged Raniganj P.S. Case No. 282 of 2019 against the prosecution party for the occurrence of the same day.
Considering the aforesaid facts and circumstances as well as submissions of the parties, it is ordered that petitioners no. 2 to 7, above named, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-
Patna High Court CR. MISC. No.5093 of 2020(2) dt.03-03-2020 3/3 divisional Judicial Magistrate, Araria in Raniganj P.S. Case No. 280 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
So far as prayer for anticipatory bail of petitioner no. 1, namely, Surendra Yadav is concerned, the same stands rejected.
(Hemant Kumar Srivastava, J) shahzad/- U T