Sujeet Yadav @ Sujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27066 of 2018 Arising Out of PS. Case No.-455 Year-2017 Thana- SHEKHPURA District- Sheikhpura ====================================================== Sujeet Yadav @ Sujeet Kumar, S/o Yugul Yadav @ Yugal Yadav, R/o Vill.- Barui , District- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Adv.
For the Opposite Party/s :
Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-05-2018 Heard learned Counsels for the petitioner and learned APP for the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 307,323,341,504, 506, 34 of the Indian Penal Code.
The prosecution case got initiated on the basis of written report dated 17.12.2017 submitted by Ravi Singh to the Station House Officer, Sheikhpura Police Station is to the effect that on 16.12.2017 at 8.45 P.M, the informant, being the Guard in Katyahyani Private Limited, was on duty, in the meantime, coaccused Ajeet Kumar and petitioner Sujeet Yadav, came there along with Truck driver Chandan Kumar and they forcibly entered into the plant and asked the informant to get their truck loaded first. When the informant made protest, then the accused
Patna High Court Cr.Misc. No.27066 of 2018(2) dt.03-05-2018 2/3 persons abused him and assaulted with rod, causing injury on his head. As a result, the informant fell down on the ground. Thereafter, other accused persons namely, Sautan Yadav, Gautam Yadav and Rajan Yadav, came there and assaulted him with lathi and also gave life threatening.
It is submitted by learned counsel for the petitioner that for a petty dispute the accusation has been levelled. There is counter version of the occurrence also, being Complaint Case No. 504 C of 2017 filed by co-accused Ajeet Kumar against the informant. The impugned order suggests that the injury of the informant has been found simple in nature. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.
It is submitted by Mr. J. N. Thakur learned APP for the State that there is specific accusation against the petitioner to have assaulted with rod.
Considering the genesis of the occurrence, particularly the impugned order suggests that the injury of the informant has been found simple in nature, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender
Patna High Court Cr.Misc. No.27066 of 2018(2) dt.03-05-2018 3/3 before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Sheikhpura, in connection with Sheikhpura P.S. Case No.455 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T