Sunil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9412 of 2016 Arising Out of PS.Case No. -181 Year- 2015 Thana -CHENARI District- SASARAM (ROHTAS) ====================================================== Sunil Kumar Yadav, son of Bechu Singh Yadav @ Bechan Singh Resident of Village- Chikhuriya, P.S.- Chenari, District- Rohtas (Sasaram). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Nath Singh Yadav, Advocate For the Opposite Party/s : Mr. Renuka Ratnakar (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Chenari P.S. Case No. 181/15 for offences alleged under Sections 279, 337, 338, 307/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that on 30.09.2015 at about 11.30 A.M. when he was going to college by motorcycle, in the way, the petitioner and one another co-accused with intention to kill him dashed his motorcycle due to which he received injury and in course of fleeing away the vehicle also dashed one Suresh Pandey, who also sustained injury.

It has been submitted by the learned counsel for the petitioner that he is innocent having no criminal antecedent, as

Patna High Court Cr.Misc. No.9412 of 2016 (3) dt.16-05-2016 2/2 is evident from paragraph 3 of this application and has not committed any offence. He submits that during course of investigation, it has been found that somebody else was driving the vehicle and the injury report also shows the injury to be simple in nature and for other injury on Suresh Pandey opinion has been kept reserved but the injury is of lacerated wound, swelling and pain. He further submits that there is compromise between the parties and Section 307 I.P.C. is a super-addition. However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Chenari P.S. Case No. 181/15, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Rajesh/- U T