← Library
Patna High CourtCR. MISC./6501/2025bail granted

Nemo Yadav @ Naveen Yadav @ Nivash Yadav v. The State Of Bihar

2025-02-19Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6501 of 2025 Arising Out of PS. Case No.-101 Year-2021 Thana- SONO District- Jamui ====================================================== 1.

Nemo Yadav @ Naveen Yadav @ Nivash Yadav S/o Kailash Yadav @ Kaidi Yadav R/o - Neem Nawada Tola, Garbhu Arwar, P.S - Khaira, District - Jamui 2.

Bharat Yadav S/o Ranjan Yadav R/o vill - Neem Nawada Tola, Garbhu Arwar, P.S.- Khaira, Distt.- Jamui 3.

Janardan Yadav S/o Yamuna Yadav R/o vill - Neem Nawada Tola, Garbhu Arwar, P.S.- Khaira, Distt.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Sono P.S. Case No. 101 of 2021 dated 14.04.2024, instituted for the offence punishable under Sections 341, 323, 324, 307, 384, 379/34 of the Indian Penal Code.

3. The prosecution case, in short, on the alleged date of occurrence the informant alongwith his cousin Devesh Kumar was taking breakfast near Bajrangwali Chowk. In the meanwhile, the petitioners came in drunken condition alongwith 6-7 unknown persons and started abusing and demanded Rs.

Patna High Court CR. MISC. No.6501 of 2025(2) dt.19-02-2025 2/3 5000/- as rangdari. It is further alleged that all the accused persons having armed with iron rod and sharp edged weapons attacked upon them with intention to kill. It is further alleged that Bharat Yadav (petitioner no. 2) gave iron rod blow on the forehead of Devesh Kumar due to which he sustained injury and blood started oozing out. It is further alleged that he also sustained injury on neck and mouth. It is further alleged that Janardan Yadav (petitioner no. 3) gave farsa blow on head of the informant due to which he sustained injury and became unconscious. On halla Nemo Yadav (petitioner no. 1) snatched gold chain from his neck and Bharat Yadav took Rs. 25,000/- from his pocket.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that the occurrence has taken place on 12.04.2021 but the F.I.R. has been lodged on 14.04.2021. The allegation against petitioner nos. 2 and 3 is that they assaulted the informant and his cousin by means of iron rod. It is also submitted that the injury report reveals that nature of injury is simple. It is further submitted that both the parties have filed compromise petition before the Sessions Judge, Jamui. Lastly, it has been submitted that petitioner nos. 2 and 3 have no criminal

Patna High Court CR. MISC. No.6501 of 2025(2) dt.19-02-2025 3/3 antecedents whereas petitioner no. 1 has one criminal case against him.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Sono P.S. Case No. 101 of 2021, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Jamui, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T