Surendra Yadav @ Surendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40648 of 2020 Arising Out of PS. Case No.-468 Year-2019 Thana- PHULWARISHARIF District- Patna ============================================== 1.

SURENDRA YADAV @ SURENDRA RAI Son of Shyam Narayan Ray Resident of Kurji Mohammadpur, P.S.- Phulwarisharif, Distt- Patna. 2.

SUNNY KUMAR SHARMA @ SUNNY KUMAR @ SHANI KUMAR @ SHANI KUMAR SHARMA Son of Shiv Shankar Sharma @ Lalu Sharma Resident of Kurji Mohammadpur, Police Station- Phulwarisharif, DisttPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Prasad For the Opposite Party/s :

Ms. Sharda Kumari ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-06-2021 Heard Mr. Uday Prasad, learned counsel for the petitioners and Ms. Sharda Kumari, learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Phulwarisharif P.S. Case No. 468 of 2019 instituted for the offences under Sections 341, 348, 323, 307 and 34 of the Indian Penal Code.

Though the petitioners have been alleged to have assaulted the informant by means of hard and blunt substance but learned counsel for the petitioners has submitted that in the background of land dispute between the parties and each of them staking their claim, such motivated accusation ought

Patna High Court CR. MISC. No.40648 of 2020(2) dt.22-06-2021 2/2 not to be relied upon completely. He has further submitted that all the injuries but one has been opined to have been caused by hard and blunt substance and are of simple in nature. With respect to one of the injuries, C.T. scan result is awaited for the assessment of trauma.

The petitioners do not have criminal antecedents. Regard being had to the afore-stated facts, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -XV, Patna, in connection with Phulwarisharif P.S. Case No. 468 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T