Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4049 of 2024 Arising Out of PS. Case No.-132 Year-2023 Thana- NAUHATTA District- Saharsa ====================================================== 1.

Naresh Yadav.

2.

Guddu Yadav @ Guddu Kumar.

3.

Kamlesh Yadav @ Kamlesh Kumar.

All are son of Nathi Yadav Village- Narayanpur W.No-3, Ps- Nauhatta Darhara OP Dist- Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024

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 341, 323, 325, 307, 379, 504, 506, 34 of the Indian Penal Code.

3. The learned counsel for the petitioners submit that the petitioners are a person with clean antecedent and have been falsely implicated in the present case by the informant. It is next submitted no doubt the FIR has been instituted under Section

Patna High Court CR. MISC. No.4049 of 2024(2) dt.15-02-2024 2/3 325, 307 and other sections of the IPC but then in the nature of allegation as alleged in the FIR, it would manifest that prima facie no offence under Section 307 of the IPC is made out as the injuries suffered by the injured is simple in nature. It is also submitted that the occurrence took place on account of a dispute relating to passing of tractor of the petitioner from the land of the informant. It is next submitted the allegation of snatching mobile and ornament from the neck of the son worth Rs.35,000/- is ornamental in nature. It is also submitted that though there is allegation of assault by farsa, but then all injuries which are found simple in nature is caused by hard and blunt object.

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

5. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Nauhatta (Darhara O.P.) P. S. Case

Patna High Court CR. MISC. No.4049 of 2024(2) dt.15-02-2024 3/3 No.132 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T