Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17452 of 2019 Arising Out of PS. Case No.-18 Year-2018 Thana- BHEJA District- Madhubani ====================================================== Surendra Yadav Son of Janak Yadav, Resident of Village - Bhargama, P.S.- Bheja, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Giri For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-06-2019 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Bheja P.S.Case No. 18 of 2018 registered under Sections 307, 323,324,341,379 and 504/34 of the Indian penal Code. Allegation as per the FIR is that the accused persons named in the FIR including the petitioner accosted the informant while he was returning to his village on motorcycle thereafter on the order of the petitioner, one Rajnish Kumar Yadav pulled him from the motorcycle and petitioner snatched golden chain from his neck.

Submission of learned counsel for the petitioner is that there is no specific allegation against the petitioner and he has been alleged to be an order giver. He submits that injury found on the person of the informant is simple in nature and so far as

Patna High Court CR. MISC. No.17452 of 2019(3) dt.25-06-2019 2/3 assault on the head of the informant is against Durganand Yadav and the police after investigation submitted final form finding the case untrue against Durganand Yadav. Learned counsel submits that there is case and counter case inasmuch as both the accused persons and the informant side are co-villagers and petitioner's side has also lodged case bearing Bheja P.S.Case No. 19 of 2018. Learned counsel further submits that similarly situated other accused persons have been enlarged on anticipatory bail by a co-ordinate Bench of this Court by order dated 14.05.2019 in Cr.Misc. No. 8911 of 2019.

After having heard both sides and after perusal of materials available on record, it appears that allegation levelled against the petitioner is not specific and is general in nature and at best there is allegation of snatching of one golden chain. The injury found on the person of the informant is simple in nature caused by hard and blunt substances. Accordingly, let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-III, Jhanjharpur, Madhubani in connection with Bheja P.S. Case No.

Patna High Court CR. MISC. No.17452 of 2019(3) dt.25-06-2019 3/3 18 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T