Satyendra Singh @ Satyendra Singh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34961 of 2024 Arising Out of PS. Case No.-469 Year-2023 Thana- SHIVSAGAR District- Rohtas ====================================================== Satyendra Singh @ Satyendra Singh Yadav son of Late Ganesh Singh @ Ganesh Singh Yadav Village- Samahuta, P.S. Sheosagar, District- Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhachandra, Advocate For the Informant :
Mr. Dharmendar Kumar Singh, Advocate For the Opposite Party/s :
Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 30-05-2024 Heard Mr. Sudhachandra, learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Sheosagar P.S. Case No. 469 of 2023 registered for the offences under Sections 341, 323, 326, 379, 504/34 of the Indian Penal Code.
3. The allegation against the petitioner is of abusing the informant and her family members apart from snatching golden chain from the daughter of the informant.
4. Learned Advocate for the petitioner contended that in fact the occurrence has taken place on the premise of a land dispute wherein both the parties have entered into a free
Patna High Court CR. MISC. No.34961 of 2024(2) dt.30-05-2024 2/3 fight resulting into injuries to the persons of both the sides. However, the injuries sustained to the persons of the informant have been found to be simple in nature. It is further contended that there is no specific allegation against the petitioner that he assaulted any of the injured person; so far the snatching of golden chain is concerned, that is nothing but a superadition. It is further contended that though the petitioner has two criminal antecedent, however, he is on bail in both the matters. The petitioner undertakes before this Court that he will neither indulge in intimidating witnesses/informant nor shall temper the evidence.
5. On the other hand, learned counsel for the State and the informant vehemently oppose the bail application.
6. Learned counsel for the informant refuted the contention that all the injuries have been found to be simple. It is submitted that some of the injuries are found to be grievous in nature, though, he did not refute the contention that the same has not attributed to the petitioner.
7. Regard being had to the submissions made on behalf of the parties and considering no specific allegation against the petitioner and; the fact that the impugned order suggests the injury caused to the informant and others have not
Patna High Court CR. MISC. No.34961 of 2024(2) dt.30-05-2024 3/3 been attributed to the petitioner coupled with the factum of land dispute, let the petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sheosagar P.S. Case No. 469 of 2023 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) Guddu/- U T