Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 11822 of 2020 Arising Out of PS. Case No.-13 Year-2019 Thana- Jadia District- Supaul ====================================================== Sanjay Yadav, aged about 30 years, male, son of Arbind Yadav, resident of village Jadia, ward no. 01, P.S Jadia, Distt Supaul , ... ... Petitioner

Versus

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

For the Petitioner/s : Mr. Arun, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-09-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Jadia P.S. Case No. 13 of 2019 registered under sections 307 and other sections of the Indian Penal Code.

As per allegation in the FIR, it is stated that the accused persons variously armed surrounded the informant. The petitioner is stated to have struck with farsa on the head of the informant while Arvind Yadav and Vinod Yadav struck with the rod on his hand.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. No injury attributed to the petitioner has been found in the injury report in so far as, in the opinion of the doctor, the injury found on

Patna High Court CR. MISC. No.11822 of 2020(6) dt.23-09-2020 2/3 the head of the informant was stated to have been caused by hard and blunt substance and was simple in nature. It is further submitted that the grievous injury is on non-vital part of the body and the same is not attributed to the petitioner. The petitioner has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner and the delay in lodging of the FIR, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Jadia P.S. Case No. 13 of 2019, he shall 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 learned ACJM-I, Supaul subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) Sushma/- U T

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