Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21177 of 2023 Arising Out of PS. Case No.-246 Year-2022 Thana- JHAJHA District- Jamui ====================================================== SURESH YADAV Son of Subhani Yadav Resident of village Barajor, P.S. Jhajha, Dist. Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 447, 504, 506/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that the petitioner assaulted him by an Axe causing injury on his head. The learned counsel for the petitioner submits that the present case is counterblast to Jhajha P.S. Case No. 245 of 2022 in which the wife of the present petitioner is an informant and the victim is the present petitioner. It is next submitted that the petitioner alongwith other named accused persons came to his house and committed the

Patna High Court CR. MISC. No.21177 of 2023(2) dt.27-06-2023 2/3 occurrence. It is next submitted that the occurrence took place on account of land dispute.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that there is a direct allegation against the petitioner of assaulting the informant by Axe on head causing injury, which is vital part of the body, it is further submitted that even the injury report is not on record.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jhajha P.S. Case No. 246 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, the learned trial court before accepting the bail bonds of the petitioner shall verify the injury report of the informant and in the event, if it is found that the injury suffered by the informant is grievous in nature then in that event the

Patna High Court CR. MISC. No.21177 of 2023(2) dt.27-06-2023 3/3 present anticipatory bail order shall not be given effect to but if the injury is simple in nature then the bail bonds shall be accepted forthwith.

(Satyavrat Verma, J) Adnan/- U T