Sonu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66667 of 2018 Arising Out of PS. Case No.-168 Year-2018 Thana- NOORSARAI District- Nalanda ========================================== Sonu Yadav S/o Kumar Yadav R/o Village-Daruya, Barhanipar, P.S.- Noorsarai District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad For the Opposite Party/s :

Mr. Sri Nityanand Tiwary ========================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-12-2018 The petitioner seeks bail in anticipation of his arrest in connection with Noorsarai P.S. Case No. 168 of 2018 dated 15.07.2018 instituted for the offences under Sections 341, 323, 307, 504, 34 of the Indian Penal Code. The petitioner and few others are alleged to have assaulted the informant by means of hard and blunt substance.

The petitioner has not brought on record copy of the injury report but what can be gathered from the impugned order is that because of the injuries suffered by the victim, he had to be referred to the PMCH from the local

Patna High Court Cr.Misc. No.66667 of 2018(2) dt.17-12-2018 2/3 hospital where he was first treated.

The learned counsel for the petitioner has submitted that there is no specific accusation of assault against the petitioner and the petitioner does not have any criminal antecedents. He is a student, prosecuting his studies in Graduation and because of village politics, he has been made accused in this case. It has further been submitted that a complaint case has been lodged against the informant vide Complaint Case No. 773(c) of 2018 for having committed theft of cattle and when he was chased by the villagers, he fell down, leading to injuries on his person. This Court has not been informed about the stage of the aforesaid complaint case which could be in the nature of defence of the accused persons in the present F.I.R. In any view of the matter, considering the general and omnibus nature of accusation against the petitioner and the petitioner being a student with clean records, he, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.66667 of 2018(2) dt.17-12-2018 3/3 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Biharsharif, Nalanda in connection with Noorsarai P.S. Case No. 168 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Shageer/- U T