Patna High CourtCR. MISC./13097/2017disposed

Satyendra Yadav @ Satendra Yadav v. The State Of Bihar

2017-03-18Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13097 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Satyendra Yadav @ Satendra Yadav, S/o Late Kailash Yadav, R/o VillagePipardih, P.S.-Nagar, District-Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-03-2017 Heard both sides.

The petitioner apprehends his arrest in connection with Aurangabad (Town) P.S. Case No. 27 of 2017 registered for the offence punishable under Sections 307, 379, 323, 34 of the Indian Penal Code.

The informant in his fardbeyan has alleged that on 23.01.2017 at 07:30 AM, when he was going to his shop, this petitioner along with other co-accused intercepted and assaulted him by iron rod over his head on account of which he fell down and thereafter this petitioner snatched Rs. 30,000/- from his pocket.

Learned counsel for the petitioner submits that the allegation against the petitioner is assault by iron rod. However, the injury report shows that the informant sustained sharp cut

Patna High Court Cr.Misc. No.13097 of 2017 (2) dt.18-03-2017 2/2 incised wound which was found simple in nature. Referring to the order of the Sessions Judge, he submits that the case has also been compromised. The petitioner has no criminal antecedent. Learned APP, on the other hand, opposed the prayer. Considering the nature of allegation of assault, I do not find, it is a fit case for anticipatory bail. The prayer is rejected. However, the petitioner may surrender in the court below and pray for regular bail which shall be considered and disposed of on the date of surrender itself on its own merit without being prejudiced by the present order.

The bail application is disposed of.

(Sanjay Kumar, J) rohit/- U T