Satanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13261 of 2019 Arising Out of PS. Case No.-382 Year-2018 Thana- BIHARSHARIF District- Nalanda ====================================================== Satanand Yadav, S/o Late Dhanushdhari Yadav, Resident of villageNakatpura, P.S.-Bihar, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Bihar Case No.382 of 2018 registered for the offence punishable under Sections 147, 341, 323, 326, 307, 379, 384, 506 of the Indian Penal Code.

Prosecution case as per the fardbeyan of the informant, Gautam Kumar recorded before the S.H.O. Nalanda at Biharsharif is to the effect that on 08.08.2018, when the informant was going to give wages to the labourers, on the way, all the FIR named accused persons including the petitioner surrounded the informant and started abusing him. On protest being made by the informant, Satanand Yadav, the petitioner,

Patna High Court CR. MISC. No.13261 of 2019(2) dt.05-03-2019 2/3 ordered to kill the informant whereupon Shiv Shankar Yadav inflicted Chapra blow on his head causing bleeding injury and Satanand Yadav, the petitioner took away money and a gold chain from pocket of the informant and co-accused, Parsuram Yadav fired in the air and fled away.

It is submitted by learned counsel for the petitioner that the accusation of assault has not been made against the petitioner. It is further submitted that a counter case has been filed by the petitioner's side being Biharsharif P.S. Case No.364 of 2018 against the informant under Section 147, 148, 149, 448, 323, 325, 379, 504, 506 of the IPC. Statement has been made in paragraph 3 of the bail application that the petitioner is not having any criminal antecedent.

Learned APP for the State opposed the prayer for bail and submits that the petitioner is named in the FIR. Considering the delayed lodging of the case and other similarly situated co-accused persons have been granted bail by a Coordinate Bench of this Court vide order dated 04.12.2018 passed in Cr. Misc. No.77333 of 2018 coupled with the statement made in paragraph no.3 of the bail application that the petitioner is not having any criminal antecedent, the petitioner, above named, be released on anticipatory bail in the event of his

Patna High Court CR. MISC. No.13261 of 2019(2) dt.05-03-2019 3/3 arrest or surrender before the Court below within a period of four weeks from the date of receipt of this order on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Biharsharif in connection with Bihar Case No.382 of 2018. sanjeev/- (Dinesh Kumar Singh, J) U T