Sujeet Yadav @ Sujit Yadav @ Sujeet Kumar @ Sujit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39335 of 2024 Arising Out of PS. Case No.-1030 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== ANGAD YADAV, S/O JANARDAN YADAV, R/O VILLAGE-RAMTOLA KOTHIYA, WARD NO.-3, P.S.- MUFFASIL, DISTRICT- KHAGARIA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 45586 of 2024 Arising Out of PS. Case No.-1030 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== SUJEET YADAV @ SUJIT YADAV @ SUJEET KUMAR @ SUJIT KUMAR SON OF LATE JANADRDAN YADAV VILLAGE- RAM TOL, KOTHIYA, WARD NO. 03, P.S.- MUFFASIL, DISTRICT.- KHAGARIA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 39335 of 2024) For the Petitioner/s :
Mr. Anshu Dhar Sharma, Advocate Ms. Namita Sharma, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, APP Mr. Rahul Singh, Advocate Mr. Amar Kumar Singh, Advocate (In CRIMINAL MISCELLANEOUS No. 45586 of 2024) For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, APP Mr. Rahul Singh, Advocate Mr. Amar Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-08-2024
1. Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Khagaria Muffasil P.S. Case no. 1030 of 2023 registered
Patna High Court CR. MISC. No.39335 of 2024(3) dt.09-08-2024 2/3 under sections 307, 341, 323, 385, 504, 506 and 34 of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.
3. As per the prosecution case, the informant states that he along with others in his family were assaulted by the nine named accused persons including the two petitioners herein.
4. Learned counsel for the petitioners submits that the informant having died four months later on 6.2.2024, section 302 of the Indian Penal Code was added. It is submitted that the injury report of the informant does not support the prosecution case of indiscriminate assault by nine accused persons. The injury report shows a lacerated wound on front scalp, swelling with pain in the left middle finger and pain in the right hip. It further states that injury nos. 2 and 3 were found to be grievous while injury no. 1 on the scalp was found to be simple. Further, referring to the postmortem report it is submitted that the cause of death, even therein, is shock resulting from cardio-respiratory failure. The petitioners have no criminal antecedent.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that
Patna High Court CR. MISC. No.39335 of 2024(3) dt.09-08-2024 3/3 besides the petitioners being named in the F.I.R., there is direct allegation against all of them of having assaulted the informant and others resulting in the death of the informant. It is not a case for anticipatory bail.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the same not being substantiated from the injury report of the informant together with the contents of the postmortem report and the petitioners not having any criminal antecedent, it is directed that both the petitioners, namely Angad Yadav in Cr. Misc. no. 39335 of 2024 and Sujeet Yadav @ Sujit Yadav @ Sujeet Kumar @ Sujit Kumar in Cr. Misc. no. 45586 of 2024, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Khagaria Muffasil P.S. Case no. 1030 of 2023 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria and learned Judicial Magistrate Ist Class, Khagaria respectively. (Partha Sarthy, J) avinash/- U T