Satyashish Yadav @ Satyashish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49680 of 2023 Arising Out of PS. Case No.-440 Year-2021 Thana- CHHATAPUR District- Supaul ====================================================== SATYASHISH YADAV @ SATYASHISH KUMAR SON OF TILKESHWAR YADAV RESIDENT OF VILLAGE- GHIWAHA, PS- CHHATAPUR, DISTSUPAUL ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Naresh Kumar Mehta, Advocate.
For the Opposite Party/s :
Mr. Manoj Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-08-2023 Heard Mr. Naresh Kumar Mehta, learned counsel for the petitioner and Mr. Manoj Kumar, learned Additional Public Prosecutor appearing for the State.
2. Petitioner apprehends his arrest in connection with Chhatapur P.S. Case No. 440 of 2021 dated 12.12.2021 registered for the offence punishable under Sections 341, 323, 324, 325, 307, 379, 504 and 506/34 of the Indian Penal Code.
3. As per the First Information Report while the informant was putting fence upon his land, the petitioner along with other accused persons arrived there, abused and assaulted the informant. It has further been alleged that the
Patna High Court CR. MISC. No.49680 of 2023(2) dt.16-08-2023 2/3 petitioner assaulted the father of the informant on his head by means of iron rod due to which he sustained injury.
4. Learned counsel for the petitioner submits that both the parties are co-sharers and there is counter version also lodged by the side of the petitioner bearing Chhatapur P.S. Case No. 441 of 2021. He further submits that the injury caused to the father of the informant is simple in nature as stated by the petitioner in paragraph-8 of the bail application.
5. Regards being had to the submission made by the parties and taking into consideration the fact that both the parties are co-sharers, there is land dispute between them, case and counter case is also there and injury caused to the informant's father is simple in nature, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrae, Supaul, in connection
Patna High Court CR. MISC. No.49680 of 2023(2) dt.16-08-2023 3/3 with Chhatapur P.S. Case No. 440 of 2021, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) S.Ali/- U T