Suchit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12737 of 2017 Arising Out of PS.Case No. -252 Year- 2016 Thana -KHAIRA District- JAMUI ====================================================== Suchit Yadav Son of Chano Yadav, Resident of Village- Panvarwa, Police Station Khaira, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Adv. For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-04-2017 Heard both sides.

The petitioner apprehends his arrest in Khaira P.S. Case No. 252/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. The informant named the petitioner along with other accused persons and alleged that while he was returning home, the petitioner and others having armed with different weapons asked him to withdraw the case earlier lodged by the informant bearing Khaira P.S. Case no. 217/216 against the petitioner and others. On refusal, Anil Yadav assaulted him with sharp-edged weapon on his head. Suchit Yadav (petitioner) is said to have assaulted him with Tangi on his head. Jhaman Yadav is said to have assaulted the informant with Khanti all over the body.

Patna High Court Cr.Misc. No.12737 of 2017 (2) dt.11-04-2017 2/2 Learned counsel for the petitioner submits that only two injuries are found on the person of the informant. One lacerated wound and another injury is incised wound caused by sharp-edged weapon on the head of the informant. Two persons namely, Anil Yadav and Suchit Yadav (petitioner) are alleged to have assaulted the informant with sharp-edged weapon, but only one incised wound is caused. There is counter version being Khaira P.S. Case No. 253/2016. The petitioner is co-sharer of the informant and on account of land dispute there is series of litigation. Both the injuries found on the person of the injured are opined to be simple in nature.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 252/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T