Suraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54300 of 2016 Arising Out of PS.Case No. -111 Year- 2016 Thana -DARAUNDA District- SIWAN ====================================================== Suraj Yadav, son of Ramayan Yadav, residents of Rajanpura, P.S.- M.H. Nagar, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 23-12-2016 Let the supplementary affidavit filed on behalf of the petitioner be kept on record.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Daraunda (M.H. Nagar) P.S. Case No.111 of 2016 registered under Sections 147, 148, 149, 307 and 379 of the Indian Penal Code. The accusation is that 10 persons, named in the F.I.R., including the petitioner armed with Farsa, Bhala and rod surrounded the informant Mursheed Khan and his brother Roshan Khan when they were going to his house on a motorcycle from market. Thereafter, all the accused started to assault the informant and his brother. At that time, the co-accused Abhimanyu Yadav caused injury to the informant

Patna High Court Cr.Misc. No.54300 of 2016 (2) dt.23-12-2016 2/2 at his head through Farsa whereas the co-accused Shailesh Yadav caused injury through rod at his head. Thereafter, this petitioner caused injury to the informant on the palm of his left hand through Bhala. Learned counsel appearing on behalf of the petitioner submits that, in fact, the informant and others, firstly, caused injury to the petitioner's side regarding which Daraunda (M.H. Nagar) P.S. Case No.110 of 2016 was instituted. Further submission is that while the allegation has been made against the petitioner to cause injury through Bhala at the palm of left hand of the informant but the informant sustained no injury.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Daraunda (M.H. Nagar) P.S. Case No.111 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T