Chandradeep Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54046 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- BELCHHI District- Patna ====================================================== Chandradeep Yadav Son Of Deo Narayan Yadav Resident Of Village - Ahranwa, P.S. - Belchi, District - Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Kumar For the Opposite Party/s :
Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 323, 324, 325, 307, 379, 147, 149, 506, 504 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 03.04.2024 at 7 am, the accused persons including the petitioner intercepted his son, who was going towards his khalihan and Tunna assaulted him by butt of rifle on account of which his tooth broke, while Lalan assaulted him by a rod, causing injury and Bulak assaulted by lathi and when his wife went to save her son, petitioner assaulted her by Gandasa, causing injury on left side of her head, thereafter, Lalan assaulted the informant by rod, causing injury on head
Patna High Court CR. MISC. No.54046 of 2024(2) dt.23-09-2024 2/3 while, Sonu assaulted by lathi and Nitu snatched the chain of his wife, who had fallen on account of assault.
4. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the instant case by the informant. It is also submitted that from side of the petitioner Belchi P.S. Case No. 61 of 2024 has been instituted by Tunna against informant and his side. It is also submitted that there is an admitted land dispute between the parties on account of which an altercation had taken place in which both sides assaulted each other.
5. The learned APP for the State Mr. Rabindra Kumar vehemently opposes the anticipatory bail application and submits that specific allegation against this petitioner is of assaulting the wife of the informant by Gandasa, causing injury on left side of her head, it is also submitted that from perusal of the order impugned, it would manifest that on seeing the serious condition of the injured i.e. wife of the informant, she was referred to NMCH for treatment.
6. The learned counsel for the petitioner rebuts the said submission of the learned APP and submits that the order impugned also records that the injury report of the injured including the wife of the informant was not received by the
Patna High Court CR. MISC. No.54046 of 2024(2) dt.23-09-2024 3/3 Court.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000 /- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Barh, Patna in connection with Belchhi P.S. Case No. 62 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
8. However, the learned trial court before accepting the bail bonds of the petitioner shall verify the injury report of the wife of the informant and in the event if it is found that she has received injury on head, in that event, the present anticipatory bail order shall not be given effect to.
9. The application stands allowed with the aforesaid observation as recorded at para no. 8.
(Satyavrat Verma, J) Sudhanshu/- U T