Sunny Yadav @ Chandra Shekhar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51678 of 2021 Arising Out of PS. Case No.-104 Year-2021 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Sunny Yadav @ Chandra Shekhar Kumar S/o- Kamaldeo Yadav Resident of Village- Ner, P.S.- Makhdumpur, District- Jehanabad. .. ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar Singh For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Makhdumpur P.S. Case no. 104 of 2021 instituted for the offence under Sections 341, 323, 325, 307, 504, 506, 509/34 of the Indian Penal Code.
As per allegation in the FIR, petitioner has assaulted the informant's son brutally as a result of which his son Avnish Kumar and Kamalnayan Kumar both sustained injury. It is further alleged that at the time of occurrence, petitioner was seen with loaded pistol.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. No one has received gun shot injury. There is no
Patna High Court CR. MISC. No.51678 of 2021(3) dt.13-09-2022 2/2 specific allegation of overt act against the petitioner. General and omnibus allegation have been levelled against him. There is case and counter case. He has got no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Makhdumpur P.S. Case no. 104 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Jehanabad subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U