Sandeep Kumar Yadav @ Sandeep Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29534 of 2024 Arising Out of PS. Case No.-960 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Sandeep Kumar Yadav @ Sandeep Yadav Son Of Hira Lal Yadav Resident Of Village - Harbasa, P.S. - Gopalganj, District - Gopalganj ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Kaushlendra, Adv.
For the Opposite Party/s :
Mr. Dr.Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Gopalganj Town P.S. Case No. 960 of 2023 dated, instituted for the offence punishable under Sections 341, 323, 307, 379/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on the alleged date and time of occurrence, when the informant was at his shop, the petitioner alongwith others came and started abusing him. When the informant protested, all the accused persons assaulted him. Petitioner is alleged to have assaulted with knife on the head of the informant. Reason behind the occurrence is land dispute.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.29534 of 2024(2) dt.15-05-2024 2/3 the petitioner is innocent and he has been falsely implicated in this case. It is submitted that there is specific allegation against the petitioner that he assaulted with knife on the head of the informant. As per the injury report of the informant, the doctor has opined that injury nos. 1 and 2 are simple in nature caused by hard and blunt substance and as per the injury report of his daughter Prity Kumari, the doctor has opined that her injury is also simple caused by hard and blunt substance. It is submitted that there is case and counter case between the parties. The counter case i.e. Gopalganj Town P.S. Case No. 956 of 2023 has been lodged by the petitioner against the informant and his family members and in retaliation present case has been lodged after three days of the occurrence. Lastly, it has been submitted that he has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Gopalganj Town P.S. Case No. 960 of
Patna High Court CR. MISC. No.29534 of 2024(2) dt.15-05-2024 3/3 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T