Navlesh Yadav @ Navlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8377 of 2024 Arising Out of PS. Case No.-338 Year-2023 Thana- PAKARIBARAW District- Nawada ====================================================== 1.
NAVLESH YADAV @ NAVLESH KUMAR S/O- BUNDI YADAV @ VANDI YADAV R/O- VILLAGE- BHAGWANPUR, P.S.- PAKRI BARAWAN, DIST.- NAWADA.
2.
JITENDRA YADAV @ JITENDRA KUMAR S/O- BUNDI YADAV @ VANDI YADAV R/O- VILLAGE- BHAGWANPUR, P.S.- PAKRI BARAWAN, DIST.- NAWADA.
3.
RAJBALLABH YADAV @ RAJBALLAM KUMAR @ RAJBALLAM YADAV S/O- KULDIP YADAV @ KULDEEP YADAV R/O- VILLAGEBHAGWANPUR, P.S.- PAKRI BARAWAN, DIST.- NAWADA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arjun Prasad For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-02-2024 Heard learned counsel for the petitioners as well as the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Pakri Barawan P.S. Case No. 338 of 2023, registered for the offences punishable under Sections 341, 323, 324, 325, 354, 307, 379, 504, 506/34 of the Indian Penal Code.
3. As per allegation, the buffalo of the informant collided with the buffalo of co-accused Anoj Yadav upon which Anoj Yadav started abusing her and torn her blouse. Thereafter, her husband came to save her but all the accused persons,
Patna High Court CR. MISC. No.8377 of 2024(2) dt.20-02-2024 2/3 equipped with deadly weapon, came there and assaulted him with iron rod. Further, co-accused Anuj Yadav assaulted him with garasa on his head. Thereafter, petitioner no. 2 opened fire at him which hit on his leg and petitioner no. 1 assaulted him with iron rod, lathi and danda.
4. The learned counsel for the petitioner has submitted that they are innocent and have falsely been implicated in this case. Both the parties are agnates and a number of cases are pending against them. There is specific allegation of firing against petitioner no. 2 and the husband of the informant has suffered fire-arm injuries on leg.
5. Considering the above-mentioned facts and circumstances, let the petitioner nos. 1 and 3, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Magistrate, 1st Class, Nawada in connection with Pakri Barawan P.S. Case No. 338 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.
6. So far as petitioner no. 2 is concerned, there is specific allegation of firing against him on the husband of the
Patna High Court CR. MISC. No.8377 of 2024(2) dt.20-02-2024 3/3 informant, who has suffered fire-arm injuries and as such, I do not think it to be a fit case for grant of anticipatory bail, which is hereby rejected as against petitioner no. 2. (Nawneet Kumar Pandey, J) Kundan/- U T