Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66929 of 2021 Arising Out of PS. Case No.-71 Year-2021 Thana- CHANAN District- Lakhisarai ====================================================== AJAY YADAV Son of Sukhdev Yadav Resident of village - Bataspur, P.S.- Chanan, District - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Advocate Mr. Priyanka Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2022 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 447, 341, 323, 308, 379, 385, 504 and 34 of the Indian Penal Code. Learned senior counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on account of land dispute, the present occurrence took place where this petitioner is alleged to have assaulted the son of the informant with an iron rod on his head causing injury.

Learned senior counsel for the petitioner submits that there is a case and a counter case between the parties and the

Patna High Court CR. MISC. No.66929 of 2021(3) dt.25-07-2022 2/3 case from the side of the petitioner was instituted prior to the case filed from the side of the informant, it is next submitted that the present occurrence took place on account of land dispute and from the side of the petitioner also people have suffered injuries.

Learned APP for the State opposes the anticipatory bail application and submits that there is specific allegation against this petitioner of assaulting the son of the informant on head by an iron rod.

Learned senior counsel submits that perhaps the injury is simple in nature and the blow is not repeated. Considering the submissions made by the learned senior 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chanan P.S. Case No. 71 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Further, the learned court below before accepting the

Patna High Court CR. MISC. No.66929 of 2021(3) dt.25-07-2022 3/3 bail bonds of the petitioner shall verify from the case diary as to whether the injuries suffered by the son of the informant is simple or grievous in nature. In the event, if it is found that the injury is grievous in nature then the present order shall not be acted upon and in the event, if the injury is found simple in nature, then the order shall be acted upon forthwith. (Satyavrat Verma, J) Shivam/- U T