Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52280 of 2017 Arising Out of PS.Case No. -154 Year- 2017 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Sanjay Yadav, Son of Parmeshwar Yadav, Resident of Village-Sitakund Kalyan Chak, P.s.-Mufasil, District-Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indu Bhushan For the Opposite Party/s : Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-11-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the state.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 154 of 2017 for the offences punishable under sections 448, 323, 307, 504, 379 and 34 of the I.P.C.

Due to old enmity the petitioner and other FIR named accused persons assaulted the informant wherein the petitioner assaulted with butt of the pistol on the head of the informant. Submission is of false implication and that there is case and counter case, the injury received by the informant is simple in nature caused by hard and blunt object, there was no intention to commit murder and as such the offence under section

Patna High Court Cr.Misc. No.52280 of 2017 (2) dt.09-11-2017 2/2 307 of the I.P.C. is not made out and the allegation under section 379 of the I.P.C. is super addition to make the case serious one. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances stated above, the petitioner, in case of his arrest or surrender within a period of four weeks 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 S.D.J.M, Munger in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

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