Sushil Yadav @ Sushil Kumar Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48974 of 2014 Arising Out of PS.Case No. -21 Year- 2013 Thana -PHULPARAS District- MADHUBANI ====================================================== Sushil Yadav @ Sushil Kumar Azad Son of Harihar Nath Yadav resident of Village - Siswabarhi, P.S.- Phulparas, District - Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hriday Narayan Harshit For the Opposite Party/s : Mr. Md.Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-04-2015 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends his arrest for the offences punishable under sections 341, 323, 386, 307, 504, 506 and 34 of the I.P.C. When the informant was carrying three passengers from his Tempo from Phulparas to Murli Chowk and as soon as reached at Durga Asthan Road, Siswabarhi co-accused Sikandar Yadav and Ranjan Yadav stopped his Tempo and asked him as to why he was carrying the passengers to which he replied that when he was going to his house the passengers got seated in the Tempo and thereafter Sikandar Yadav and Ranjan Yadav assaulted the informant by slap and iron rod. The matter was pacified on the

Patna High Court Cr.Misc. No.48974 of 2014 (2) dt.30-04-2015 2/2 intervention of S.D.P.O. Phulparas and then the petitioner and other co-accused again stopped the informant and others and began to abuse them and assaulted them but other Tempo driver saved and it is further alleged that ransom was demanded and Rs. 500/- was snatched from the pocket.

Submission is of false implication and that no offence under section 307 and 386 I.P.C. is made out and as such the petitioner having no specific allegation deserves sympathetic consideration as he has got no criminal antecedent, to which the learned A.P.P. opposes.

In the facts and circumstances as stated above, considering that against the petitioner there is no specific allegation and as such the petitioner in case of his arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. A.C.J.M. Jhanjharpur, DistrictMadhubani in Phulparas P.S. Case No. 21 of 2013/ G.R. No. 124 of 2013, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T