Patna High Court – Orders
Suraj Yadav @ Suraj Kumar @ Amit Raj @ Amit … vs The State Of Bihar on 20 December, 2024
Author: Khatim Reza
Bench: Khatim Reza
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72530 of 2024
Arising Out of PS. Case No.-314 Year-2024 Thana- RAMKRISHNANAGAR District- Patna
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Suraj Yadav @ Suraj Kumar @ Amit Raj @ Amit Kumar S/O Satyendra
Kumar R/O Bihari Path, New Bigrhpur, P.S- Jakkanpur, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal Sr. Adv.
Mr. Arvind Kumar
Mr. Kumar Rajdeep Advocates
For the Opposite Party/s : Mrs. Sharda Kumari, APP
Mr. Shashi Kant,
Mr. Surendra Arya, Advocates
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 20-12-2024
Heard learned senior counsel for the petitioner, learned
Additional Public Prosecutor for the State as well as learned
counsel for the informant, who has appeared suo motu.
2. The petitioner apprehends arrest in connection with
Ramkrishna Nagar PS Case No.314 of 2024 dated 26.04.2024,
instituted under Sections 341, 323, 324, 325, 307, 427, 379,
504/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. There is specific allegation against Suraj Yadav, Sunil
Kumar and Niranjan Kumar of assaulting the informant on the
head of the informant by means of butt of the pistol. It is further
alleged that petitioner opened fire but none has sustained any
firearm injury.
Patna High Court CR. MISC. No.72530 of 2024(3) dt.20-12-2024
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4. Learned senior counsel for the petitioner submits that
there is case and counter case between the parties. Counter case
i.e., Ramkrishna Nagar PS Case No.291 of 2024 has been lodged
by the co-accused, namely Sunil Kumar on 11.04.2024. Fard
beyan of the present case has been lodged on 12.04.2024, which
was registered on 26.04.2024. It is submitted that petitioner is
known to co-accused Sunil Kumar and there is friendship with
him and there is land dispute between co-accused Sunil Kumar
and the informant’s son-in-law. It is further submitted that the
occurrence took place due to land dispute. Further submission is
that the injury report of the informant does not corroborate the
allegation. There is no injury on the head of the informant. One
injury is on thumb and two injuries are on little fingers. Civil
dispute is going on between the parties. It is next submitted that
similarly situated co-accused namely, Sunil Kumar has been
granted anticipatory bail vide order dated 17-12-2024 passed in
Criminal Miscellaneous No. 61256 of 2024. Lastly, it is
submitted that the two criminal cases are pending against the
petitioner.
5. Learned APP as well as learned counsel for the
informant have opposed the prayer for bail. Learned counsel for
the informant submits that there is specific allegation against the
Patna High Court CR. MISC. No.72530 of 2024(3) dt.20-12-2024
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petitioner of assaulting on the head of the informant.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, in the
event of arrest or surrender before the Court below within six
weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate, 1st Class, Patna, in Ramkrishna Nagar PS
Case No.314 of 2024, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 and
further (i) that the petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and on his absence on two consecutive dates without
sufficient reason, his bail bond shall be cancelled by the court
below, (ii) that one of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his wife, (iii) that
the bailor shall also state on affidavit that he will inform the
court concerned if the petitioner is made accused in any other
case of similar nature after his release in the present case and
thereafter the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of misuse, and (iv)
that if the petitioner tampers with the evidence or the witnesses,
Patna High Court CR. MISC. No.72530 of 2024(3) dt.20-12-2024
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in that case, the prosecution will be at liberty to move for
cancellation of bail.
7. The application stands allowed
(Khatim Reza, J)
shyambihari/-
U T
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