Sunil Kumar @ Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33781 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -JANKINAGAR District- PURNIA ====================================================== Sunil Kumar @ Sunil Yadav Son of Resham Lal Yadav Resident of Village Kari Mandal Tola, Janki Nagar, Police Station Janki Nagar, DistrictPurnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-08-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner seeks bail in connection with Janki Nagar P.S. Case No. 33 of 2017 for offences punishable under Sections 341, 323, 324, 325, 302, 307, 379/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that while the petitioner side was constructing one canal in the land of the informant, on objection the petitioner along with 13 others and 2-3 unknown accused came variously armed with Lathi and Farsa and started assaulting the informant side on which father of the informant Harish Chandra Yadav succumbed to the injuries. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and there

Patna High Court Cr.Misc. No.33781 of 2017 (3) dt.29-08-2017 2/3 was land dispute between both parties and there was a counter case lodged by the petitioner side regarding assault and free fighting between both parties. He submits that specific assault is on accused Binod Yadav of assaulting the informant's father Harish Chandra Yadav and allegation upon the petitioner and three others is of hitting the mother of the informant by Lathi and Danda. The injury of the mother of the informant has been assessed as per medical report as simple in nature. He submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner and is languishing in judicial custody since 22.02.2017.

However, learned APP for the State opposes the prayer for bail stating therein that the father of the informant was killed by the accused persons including the petitioner. Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Purnea in connection with Janki Nagar P.S. Case No.

Patna High Court Cr.Misc. No.33781 of 2017 (3) dt.29-08-2017 3/3 concerned police station/ court, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Devendra/- U T