Sankit Kumar @ Sankit Yadav @ Saket Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58373 of 2024 Arising Out of PS. Case No.-100 Year-2023 Thana- DANDARI District- Begusarai ====================================================== Sankit Kumar @ Sankit Yadav @ Saket Yadav Son of Lalan Yadav R/O Vill.- Partarpur, Husena, P.S.- Dandari, Dist.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Dandari P.S. Case No. 100 of 2023, registered on 31.10.2023 for the offences under Sections 341, 323, 379, 307, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner and other co-accused persons assaulted the informant and his son with slaps, fists, lathi and danda causing injury to the informant and son.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.58373 of 2024(3) dt.21-09-2024 2/3 case as the present case is counter blast of Dandari P.S. Case No. 99 of 2023 which was lodged by co-accused Bipin Yadav against the informant side with similar allegation. The occurrence took place in the background of land dispute. The informant side is aggressor as the occurrence took place in front of mill of co-accused Bipin Yadav. Learned counsel further submits that there is no specific allegation againt the petitoner and even from the injury report it is clear that none of the injuries are serious. The specific allegation of causing injury is against co-accused persons. The petitioner is having clean antecedent. Similarly placed co-accused persons have been granted anticipatory bail by this Court vide order dated 14.03.2024 passed in Cr. Misc. No. 16839 of 2024.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the non-specific nature of allegation against the petitioner and possibility of false implication in the background of earlier case filed by the petitioner side, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail,

Patna High Court CR. MISC. No.58373 of 2024(3) dt.21-09-2024 3/3 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Begusarai/concerned court in connection with Dandari P.S. Case No. 100 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) DKS/- U T