Sikandar Yadav @ Gorelal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 36391 of 2019 Arising Out of PS. Case No.-117 Year-2017 Thana- SUIYA District- Banka ====================================================== SIKANDAR YADAV @ GORELAL YADAV S/o Navin Yadav Resident of Village- Puprekha, P.S.- Suiya, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-08-2019 The petitioner apprehends his arrest in connection with Suiya P. S. Case No. 117 of 2017 registered under Sections 307,323,341,427, 504 and 506/34 of the Indian Penal Code. Allegation against the petitioner, as per FIR, is that petitioner along with others were destroying the potato field of the informant and when they were objected, they started abusing and assaulting the informant by means of danda etc. It has further been alleged that one Umesh Yadav assaulted on the head of the informant by means of lathi and rod causing him injury.

Learned counsel appearing on behalf of the petitioner submits that there is no specific allegation against the petitioner inasmuch as specific allegation of assault is against Umesh Yadav . He further submits that from perusal of the impugned

Patna High Court CR. MISC. No. 36391 of 2019(3) dt.22-08-2019 2/2 order, it appears that injury caused to the informant by Umesh Yadav is simple in nature and Umesh Yadav has been granted bail by the court below itself.

After having heard learned counsel for the parties and taking into consideration the fact that there is no specific allegation of assault against the petitioner and the injury caused to the informant has been found to be simple in nature, I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM 1st, Banka in connection with Suiya P.S.Case No. 117 of 2017; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T