Sanju Yadav @ Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18250 of 2021 Arising Out of PS. Case No.-53 Year-2020 Thana- GOVINDPUR District- Nawada ====================================================== 1.

Sanju Yadav @ Sanjay Yadav (Male), aged about 32 yeaers 2.

Nandu Yadav @ Nand Kumar Yadav (Male), aged about 23 yeaers. Both sons of Late Puna Yadav Resident of Village- Kunda Bhalua, P.S- Govindpur, Dist- Nawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-03-2022 Heard Mr. Deepak Kumar, learned Advocate for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in anticipation of their arrest in connection with Govindpur P.S. Case No. 53 of 2020 dated 17.03.2020 instituted for the offences under Sections 323, 341, 307, 504, 506, 34 of the Indian Penal Code.

The two petitioners are alleged to have assaulted the injured by means of iron rod as a result of which he has received injury on his head.

Learned counsel for the petitioners has submitted that there is a delay of six days in lodging the F.I.R. and that also without any explanation whatsoever. He has further submitted that the nature of injury could not be assessed and the report of

Patna High Court CR. MISC. No.18250 of 2021(2) dt.10-03-2022 2/2 further medical investigation is awaited.

The parties are agnates and there had been a dispute between them as a result of which a minor skirmish took place in which the informant has unfortunately received injuries. The learned counsel for the petitioners has submitted that there was no intention of causing any bodily injury on the injured which could life threatening.

However, considering the fact that the father of the Informant/victim has received corresponding injury on his head, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

However, if the petitioners surrender before the court below and seek bail, the court below, while considering the prayer for bail of the petitioners on its own merits, will also take into account that the petitioners have clean antecedent and will take decisions without being prejudiced by the fact that the present application has not been entertained by this Court. (Ashutosh Kumar, J) rishi/- U T