Sukhdeo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40945 of 2015 Arising Out of PS.Case No. -123 Year- 2015 Thana -KHAIRA District- JAMUI ====================================================== Sukhdeo Yadav S/o -Tulsi Yadav Resident of Village- Neemnawadah, Police Station -Khaira, District Jamui.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Anant Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-10-2015 Heard both sides.
The petitioner apprehends his arrest in a case under Section 307 and other sections of the Indian Penal Code. The informant alleged that the accused persons assaulted him with lathi, spear and sword. Petitioner Sukhdeo Yadav is alleged to have assaulted Birju Yadav, the brother of the informant, with sword. It is submitted that there is a counterversion being Khaira P.S. Case No. 122/2015. The case of the petitioner is earlier in point of time. The petitioner is alleged to have assaulted Birju Yadav with sword but no sharp-cut injury was found on the head of Birju Yadav. One lacerated wound on the left temporal region is found and the injury is simple and superficial.
Considering the facts aforesaid and the fact that
Patna High Court Cr.Misc. No.40945 of 2015 (2) dt.06-10-2015 2/2 there is a case and counter-case and both sides sustained injuries and the injury sustained on account of the assault made by the petitioner is simple in nature, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri V.K. Pandey, J.M. 1st Class, Jamui in Khaira P.S. Case No. 123/2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T