Samarat Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9739 of 2022 Arising Out of PS. Case No.-138 Year-2021 Thana- PANCHRUKHI District- Siwan ====================================================== Samarat Yadav son of Bachchan Yadav Resident of Village- Sadikpur, P.S.- Pachrukhi, Dist.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kumari Anupam For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Pachrukhi P.S. Case No. 138 of 2021, registered for the offences punishable under Sections 307, 379 and other allied sections of the Indian Penal Code.

As per the FIR, petitioner assaulted the informant on his head by Farsa.

It is submitted that both parties are pattidars and due to land dispute the alleged occurrence took place. Injuries attributed to this petitioner is found to be simple in nature. Moreover, FIR has been lodged after delay of three days without any plausible explanation. No case under Sections 379, 307 and 354 IPC is made out against the petitioner because allegation is

Patna High Court CR. MISC. No.9739 of 2022(2) dt.04-08-2022 2/2 general and omnibus and injuries found to be simple in nature. Petitioner has got clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 6th, Siwan in connection with Pachrukhi P.S. Case No. 138 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T