Degan Yadav @ Degan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 29837 of 2023 Arising Out of PS. Case No.-398 Year-2022 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.
Degan Yadav @ Degan Kumar Son Of Late Subelal Yadav Resident of village - Deep Nagar, P.S. - Deep Nagar, Distt. - Nalanda 2.
Shrawan Kumar Son of Degan Yadav @ Degan Kumar Resident of village - Deep Nagar, P.S. - Deep Nagar, Distt. - Nalanda ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2023 Heard learned counsel for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 324, 325, 307, 379 and 504/34 of the Indian Penal Code.
3. As per F.I.R., petitioner no. 1 Degan Yadav is alleged to have assaulted the informant with lathi and snatched gold chain, whereas petitioner no. 2 Shrawan Kumar has assaulted the informant on his hand with iron rod. The injury caused by petitioner no. 1 is simple, whereas injury caused by petitioner no. 2 is grievous in nature, as per injury report. Petitioners have got clean antecedent.
4. Taking into consideration the nature of injury, the prayer for anticipatory bail of petitioner no. 2 (Shrawan Kumar) is rejected.
Patna High Court CR. MISC. No.29837 of 2023(4) dt.28-07-2023 2/2
5. However, considering the aforesaid fact that injury cause by petitioner no. 1 (Degan Yadav) is simple in nature, in the event of his arrest/surrender within a period of six weeks from today, he is directed to be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Biharsharif, Nalanda in connection with Deep Nagar P.S. Case No. 398 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
6. This application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay/- U T