Mithlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6432 of 2025 Arising Out of PS. Case No.-390 Year-2024 Thana- NARHATT District- Nawada ====================================================== 1.

Mithlesh Yadav Son of Bisheshwar Yadav Resident of Village- Guruchak, P.S.- Narhat, District- Nawada 2.

Uday Yadav S/O Bisheshwar Yadav R/O Village- Guruchak, P.S- Narhat, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, 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 Narhat P.S. Case No. 390 of 2024 dated 12.11.2024, instituted for the offence punishable under Sections 115(2), 126(2), 118(1), 109, 352, 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on 12.11.2024 at around 06:00 pm, Sanjeet Prasad was eating chowmein on a cart near well in the village where on account of an old dispute the petitioners along with other co-accused in furtherance of common intention started beating and abusing the cousin of informant namely, Sanjeet Prasad and when the cousin of the

Patna High Court CR. MISC. No.6432 of 2025(2) dt.19-02-2025 2/3 informant tried to save him, Mukesh Kumar, with the intention to kill, hit Sanjeet Prasad on his head with sword in his hand. Further, when he attacked for the second time, his cousin tried to save his head by raising his right hand due to which he sustained injury on his hand.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioners rather the specific allegation is against Mukesh Kumar that he assaulted with sword on the head of Sanjeet Prasad due to which he sustained injury. It is next submitted that the allegation levelled against the petitioners is general and omnibus in nature. Lastly, it has been submitted that petitioners have one criminal case each against them.

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 Narhat P.S. Case No. 390 of 2024, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with

Patna High Court CR. MISC. No.6432 of 2025(2) dt.19-02-2025 3/3 two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VIth, Nawada, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Sankalp/- U T