Dhananjay Yadav @ Dhananjay Kumar @ Dhananjay Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8665 of 2022 Arising Out of PS. Case No.-343 Year-2021 Thana- UCHKAGAON District- Gopalganj ====================================================== DHANANJAY YADAV @ DHANANJAY KUMAR @ DHANANJAY CHAUDHARY Son of Jayprakash Chaudhary @ Jayprakash Yadav Resident of Village- Bhagwan Tola, P.S.- Uchakagaon, District- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Setu Prateek, Advocate For the Opposite Party/s :
Ms.Madhuri Lata, APP For the Informant :
Mr.Indrajeet Bhushan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State through virtual Court proceedings.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code. The informant alleges that on 09.11.2021 at about 4:50 pm, while he was carrying his paddy crops, the accused persons, including the petitioner, came and assaulted him and on orders of Santosh Yadav, petitioner assaulted informant with sword causing injury on his hand, neck and shoulder, further Jai Prakash Chowdhary also assaulted the informant with leg and fist thereafter informant was taken to hospital.
Patna High Court CR. MISC. No.8665 of 2022(2) dt.02-09-2022 2/3 Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case, there is an admitted land dispute between the parties, it is also submitted that no doubt the injuries have been caused to Sandeep but then injuries are simple in nature. Learned counsel submits that a Partition Suit No. 255 of 2021 is pending between the parties in the court of learned Sub-Judge-IX, Gopalganj and from the side of the petitioner also Uchkagaon P.S. Case No. 344 of 2021 was instituted, learned counsel vehemently submits that as far as allegation of assault against the petitioner is alleged, the same is false but even presuming what has been alleged is true, without admitting, then the injuries are simple in nature which amply demonstrates that the petitioner never had intention of committing any serious injury.
Learned A.P.P. for the State and the learned counsel for the informant oppose the prayer for anticipatory bail of the petitioner but are not able to meet the submissions of the learned counsel for the petitioner that admitted land dispute between the parties is there and injuries on the injured is simple in nature. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.8665 of 2022(2) dt.02-09-2022 3/3 event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Uchkagaon P.S. Case No. 343 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/GauravU T