PATNA HIGH COURT ISSUES ORDER ON AMIT KUMAR YADAV AND OTHERS V/S THE STATE OF BIHAR

PATNA, India, June 11 -- Patna High Court issued the following order on May 13:

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 126(2),115(2),109,352,351(2)(3),3(5) of the Indian Penal Code.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and are young boys aged about 18 and 19 years respectively and are students. It is next submitted that the informant alleges that on 01.10.2024 at about 4.00 PM, the informant and Chhotan Kumar Singh were going out when on account of previous dispute, all the accused persons including the petitioners intercepted them and started abusing the informant and on objection, it is alleged that Amit and Anshu assaulted Chhotu with lathi on head causing injury.

4. The learned counsel for the petitioners submits that on account of playing cricket, a dispute had arisen in which both sides assaulted each other. It is also submitted that from the side of the petitioners, Khawaspur P. S. Case No. 19 of 2024 has been instituted against the side of the informant and others. It is next submitted that from perusal of the order impugned, it would manifest that the doctor with regard to the injuries has opined that it may be grievous, as such, it is submitted that even the doctor with certainty has not opined that the injuries suffered by the injured is grievous in nature. It is further submitted that the injured suffered three injuries, but then, one injury is in nature of bruise and another injury is on non-vital part of the body i.e. hand and when both petitioners are alleged to have assaulted by lathi, as such, it cannot be culled out that whose blow caused the injury on Chhotu Singh. It is also submitted that petitioners are young boys of impressionable age with clean antecedent and in the event, if they are sent to judicial custody, their entire career would get jeopardized and chances are bright that they may come in contact with hardened criminals.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Khawaspur P. S. Case No.18 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C. with a further condition that one of the bailors of the petitioners shall be their father namely, Janardan Yadav and Sri Bhagwan Yadav.

7. The application stands allowed.

Disclaimer: Curated by HT Syndication.