Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32762 of 2018 Arising Out of PS.Case No. -68 Year- 2017 Thana - PIRPAINTI District- BHAGALPUR ===================================== Sanjay Yadav S/o Munshi Yadav, R/o Vill.- Madan Gopalichak, P.S.- Pirpainty, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-06-2018 The petitioner seeks bail in anticipation of his arrest in connection with Pirpainty P.S. Case No. 68 of 2017 dated 29.03.2017 instituted for the offences under Sections 147, 148, 149, 323, 448, 307, 324, 384, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

The informant, who is a landless labourer and conducts agricultural operations for co-villagers has alleged that at the time of reaping at arhar crops, many accused persons including the petitioner came and started demanding Rs. 60,000/-. On protest, he was assaulted. It has also been alleged that the petitioner thereafter assaulted the informant by means of a sickle which injured his nose.

The learned counsel for the petitioner has submitted

Patna High Court Cr.Misc. No.32762 of 2018 (3) dt.29-06-2018 2/2 that the petitioner has falsely been implicated in this case. In fact, the sister of the owner of the land had executed a sale deed in favour of the petitioner but that was not to the liking of her brother on whose behalf the informant conducts the agricultural operation. The present implication of the petitioner is at the instance of the sister of the owner of the land in question. The injury suffered by the informant does not appear to have been caused by a sickle. There is a land dispute between the parties and a title suit is also pending between them.

Considering the aforestated facts, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, XI, Bhagalpur in connection with Pirpainty P.S. Case No. 68 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Ashutosh Kumar, J) Shageer/- U T