Sunil Yadav @ Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55372 of 2024 Arising Out of PS. Case No.-207 Year-2023 Thana- CHANDRAMANDI District- Jamui ====================================================== 1.
Sunil Yadav @ Sunil Kumar, Son Of Dhito Yadav Village- Tardih, PsChandramandi, Dist- Jamui 2.
Pradeep Yadav, Son Of Late Tilak Yadav Village- Tardih, Ps- Chandramandi, Dist- Jamui ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akash Raj Mr.Arun Bharti For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-09-2024
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 448, 307, 379 and 504 of the Indian Penal Code.
3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that Dinesh assaulted Falguni by farsa on head causing injury, Balmiki assaulted Falguni by an iron rod, thereafter Nuneshwar assaulted Raju by sword causing injury on head, Pradeep Yadav (petitioner no.2) assaulted informant by an
Patna High Court CR. MISC. No.55372 of 2024(2) dt.03-09-2024 2/3 iron rod causing injury on left hand while Parmeshwar, Balmukund and Sunil Yadav (petitioner no.1) assaulted Digo by an iron rod. Thereafter, Pranay and Ranjeet assaulted Baby Devi by an iron rod and Mathura and Sanjay assaulted Sudhir by lathi and rod. Thereafter, named accused persons committed theft of cash and articles as detailed in the FIR and the occurrence took place on account of dispute relating to land.
4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case. It is also submitted that petitioners and the informant are agnates and are having dispute relating to land and from the side of the petitioners also Chandramandi P. S. Case No.210 of 2023 has been instituted against the side of the informant and others. It is further submitted that no doubt, allegation is of assaulting Falguni, Raju, Tarni Yadav (informant) and Digo, but then, the specific allegation of assaulting the informant is against petitioner no.2 and petitioner no.1 along with Parmeshwar and Balmukund is alleged to have assaulted Digo by an iron rod. It is further submitted that one of the injuries suffered by the informant is grievous, but then, the same is on non-vital part of the body i.e. left hand. It is next submitted that as far as allegation of assaulting Digo is alleged, the same is general and
Patna High Court CR. MISC. No.55372 of 2024(2) dt.03-09-2024 3/3 omnibus in nature and he has suffered simple injury.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of Mr/s. Nazia Khan, the learned J. M., 1st Class, Jamui in connection with Chandramandi P. S. Case No.207 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T