Sunil Yadav @ Sunil Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52216 of 2023 Arising Out of PS. Case No.-419 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Sunil Yadav @ Sunil Kumar Yadav Son Of Harihar Nath Yadav @ Hariharnath Yadav Resident Of Village-Siswabarhi, Ps- Phulparas, DisttMadhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti For the Opposite Party/s :
Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-10-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per allegation in the FIR, accused persons armed with lathi, sword and axe surrounded the informant and accused Abhimanyu Kumar with intention to kill him, assaulted on his head by means of sword and other accused including the petitioner also assaulted him. It is further alleged that co-accused Jay Krishan Yadav snatched his
Patna High Court CR. MISC. No.52216 of 2023(3) dt.30-10-2023 2/3 gold chain and an amount of Rs. 2500/- from his pocket and fled away.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to previous enmity. Petitioner was only a member of the mob. It appears from injury report (Annexure-2) that injured Sunil Kr. Yadav has received one lacerated wound with mild body-pain. Doctor opined nature of injury is simple. Specific allegation of giving sword blow is against co-accused Abhimanyu Kumar and not against the petitioner. Petitioner is languishing in judicial custody since 15.10.2022.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that petitioner is a notorious person and total 35 cases of like nature are pending against him.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
Patna High Court CR. MISC. No.52216 of 2023(3) dt.30-10-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 419 of 2022. (Sunil Kumar Panwar, J) lata/- U