Pukar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66428 of 2024 Arising Out of PS. Case No.-283 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== 1.
Pukar Yadav Son of Late Achhilal Yadav Resident of Village/Mohalla -Choudhary Mohalla Bari Masjeed , PS- Nagar, Distt.- Katihar 2.
Sonu Yadav @ Sonu Kumar Yadav Son of Late Achhilal Yadav Resident of Village/Mohalla -Choudhary Mohalla Bari Masjeed , PS- Nagar, Distt.- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Prasad, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-12-2024 Heard Mr. Bhola Prasad, learned counsel for the petitioners and Mr. Yogendra Kumar Singh, learned APP for the State.
2. The petitioners apprehend their arrest in connection with Katihar Nagar P.S. Case No. 283 of 2024 dated 10.05.2024 registered for the offences punishable under Sections 341, 323, 307, 379 and 506/34 of the Indian Penal Code.
3. As per the prosecution story, the allegation against the petitioners is that they along with other co-accused persons assaulted the informant and snatched an amount of Rs. 2,50,000/- from his bag.
4. The main submissions advanced by the learned counsel for the petitioners are that both the petitioners have fair
Patna High Court CR. MISC. No.66428 of 2024(3) dt.17-12-2024 2/3 and clean antecedent, in between both the parties there is a dispute of passage and as per the medical opinion, the informant who is said to be the sole injured, sustained simple injuries and now a good relation has developed in between them and they have filed a compromise petition before the learned trial Court vide Annexure-P3.
5. Learned APP has opposed the bail prayer of the petitioners.
6. Heard both the sides, perused the FIR and the injury report of the informant. As per allegation, when the informant was returning from petrol pump on his scooty, he was stopped by the petitioners and two unknown persons, thereafter he was assaulted and a sum of Rs. 2 lacs and 50 thousand, which was being carried by the informant, was snatched by the petitioners and co-accused and thereafter they fled away. The informant recorded his fardbeyan at emergency ward in Sadar Hospital, Katihar and his injuries are also relevant which show that he sustained head injury in the size of 4"inchx1"inchx 1/2" inch and a wound on the back portion of his head in the size of 21⁄2"x1"x 1⁄2" inch was also found though the said injuries have been opined to be simple in nature and both the sides have also compromised as appears from the Annexure-P3 but considering
Patna High Court CR. MISC. No.66428 of 2024(3) dt.17-12-2024 3/3 the nature of allegation, this Court is not inclined to grant the relief of anticipatory bail to the petitioners, accordingly, their prayer stands rejected.
7. Petitioners are given liberty to surrender before the learned trial Court in the next four weeks and on their surrender, the learned trial Court will decide the regular bail prayer of the petitioners without being prejudiced with this order according to merit and keeping in view the aforesaid, compromise at the earliest.
(Shailendra Singh, J) saurabhkr/- U T