Sakun Yadav @ Sakun Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33777 of 2018 Arising Out of PS. Case No.-118 Year-2017 Thana- TANKUPPA District- Gaya ======================================================
1. Sakun Yadav @ Sakun Kumar,
2. Gorelal Yadav, Both Sons of Nageshwar Yadav,
3. Mukesh Kumar @ Mukesh Yadav S/o Lal Kishore Yadav,
4. Kisori Yadav @ Kisauri Yadav S/o Late Ganga Yadav, All are R/o Vill.- Akurahwan, P.S.- Tankuppa, Distt.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lilawati Singh For the Opposite Party/s :
Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-07-2018 Heard the learned counsel for the petitioners and the State.
The petitioners seek bail in anticipation of their arrest in connection with Tankuppa P.S. Case No. 118 of 2017 dated 26.09.2017 instituted for the offences under Sections 341, 323, 325, 307, 504 and 506/34 of the Indian Penal Code.
The petitioners are alleged to have assaulted the informant by hard and blunt substance for his refusal to withdraw the earlier case which he had lodged against the petitioners.
Learned counsel for the petitioners has submitted that in the earlier case lodged by the informant against the petitioners vide Tankuppa P.S. Case No. 75 of 2017, the petitioners were granted
Patna High Court Cr.Misc. No.33777 of 2018(2) dt.04-07-2018 2/2 anticipatory bail. Thus, it has been submitted that there was no necessity for the petitioners to have accosted the informant and pressurized him for withdrawing the case. The allegations in the FIR also do not inspire confidence, it has been argued, because four persons are alleged to have brutally assaulted the informant. However, he has received only simple injuries which fact is evidenced by the injury report (Annexure-2).
The petitioners hail from the same village as that of the informant and there is a prior land dispute between them.
Regard being had to the aforestated facts, the petitioners above named are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- Ist Gaya in connection with Tankuppa P.S. Case No. 118 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T