Patna High Court - Orders
Sanjay Kumar Yadav @ Sanjay Kumar @ ... vs The State Of Bihar on 17 January, 2018
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54583 of 2017
Arising Out of PS.Case No. -401 Year- 2016 Thana -TEKARI District- GAYA
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1. Sanjay Kumar Yadav @ Sanjay Kumar @ Sanjay Yadav, Son of Late
Parshuram Yadav, resident of Village- Saidpur, Police Station- Tekari
(Mau O.P.), District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2
For the Opposite Party/s : Mr. Sri Shyam Kumar Singh
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 17-01-2018Heard the counsels for the parties.
The petitioner seeks bail in anticipation of his arrest in connection with Tekari P.S. Case No. 401 of 2016 dated 28.12.2016 instituted for the offences under Sections 341, 323, 307 and 34 of the Indian Penal Code.
The petitioner is said to have assaulted the informant by means of lathi and his samdhi Ram Kripal Yadav by a spade. It appears that no injuries were received by the informant but Ram Kripal Yadav has received injuries, opinion about the nature of which injuries has been kept reserved. However, from a bare look at the injury report contained in Annexure-2 to the petition, it appears that the lacerated wound on the head of Ram Kripal Yadav is of the dimension of 1 /4" x 1/6" x 1/6" which may not be Patna High Court Cr.M isc. No.54583 of 2017 (2) dt.18-01-2018 2/3 dangerous in ordinary course of nature or sufficient to cause death.
Learned counsel for the petitioner has submitted that there is a counter case also on the same day vide Tekari P.S. Case No. 402 of 2016, but that case has been lodged under Sections 341, 323, 504/34 of the Indian Penal Code only. It has also been submitted that there is a land dispute between the parties and the occurrence took place over the same plot / land over which there are competing claims of the petitioner as well as the informant.
From the perusal of the First Information report, there does not appear to be any intention of the petitioner to kill either the informant or his samdhi, who is the injured of this case. Had it not been the case, the informant would have been assaulted repeatedly by the petitioner. The petitioner does not seem to have any enemity with the injured Ram Kripal Yadav, but still he is alleged to have been assaulted at his hands which also makes it clear that the occurrence was on the spur of the moment at the time when claim was being staked over the disputed land.
Considering the aforesaid facts as also the clean antecedent and the age of the petitioner, in the event of arrest or surrender of the petitioner before the court below within a period of four weeks from today, they shall be granted bail subject to his furnishing bail bonds of Rs. 10,000/- (Ten thousand only) Patna High Court Cr.M isc. No.54583 of 2017 (2) dt.18-01-2018 3/3 with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Gaya in connection with Tekari P. S. Case No. 401 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J) ajay gupta/-
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