Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1797 of 2017 Arising Out of PS.Case No. -110 Year- 2016 Thana -SHAKURABAD District- JEHANABAD ====================================================== Sunil Yadav, Son of Sonarik Yadav, Resident of Village-Rita Bigha, P.S.- Shakurabad, District Jehanabad .... .... Petitioner

Versus

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

For the Petitioner : Mr. Paras Nath, Advocate For the Opposite Party : Mr. Anish Chandra (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-01-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Shakurbad P.S. Case No. 110 of 2016 instituted for the offence under Sections 341, 324, 337, 307, 379, 504/34 of the Indian Penal Code.

It is alleged that on the date of occurrence, this petitioner had uprooted the Khunta on the land of the informant which was protested. Thereafter petitioner gave spade blow on the forehead of the informant. The petitioner has enclosed the photo copy of injury report as Annexure-2, wherein doctor has found bleeding on forehead and opined that injuries caused by hard and blunt object which is simple in nature. Learned Additional

Patna High Court Cr.Misc. No.1797 of 2017 (2) dt.25-01-2017 2/2 Sessions Judge-1st, Jehanabad has mentioned in the impugned order in para-20 of the case diary, it reveals that there is injury on the forehead of the informant but the Additional Sessions Judge1st neither discussed nor described the injury. It has been submitted that informant is the Bhabhi of the petitioner. From the written report itself it appears that occurrence took place on account of uprooting the Khunta by the petitioner. In the circumstances, prayer of the petitioner for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Shakurabad P.S. Case No. 110 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J.) ravi/- U T