Manu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10209 of 2025 Arising Out of PS. Case No.-276 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== Manu Yadav S/o- Sugriv Yadav Vill.- Budhwaliya Ps. Nautan Dist. West champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar, Adv.

For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Nautan P.S. case No. 276 of 2024 instituted for the offences under Sections 127(1), 115(2), 118(1), 109, 74, 329(4), 351(2), 3 (5) of Bhartiya Nyaya Sanhita, 2023.

3. Prosecution allegation, in short, is that the accused persons including the petitioner entered into the house of the informant and assaulted the informant and her family members due to which they sustained injury. It is further alleged that petitioner assaulted by means of lathi on the hand of the Informant's Dewar Hiralal Sah due to which he sustained injury in his finger.

Patna High Court CR. MISC. No.10209 of 2025(3) dt.19-03-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Both the parties are next door neighbour and there is a land dispute going on between them. There is a case and counter case between the parties. As a matter of fact, initially, the father of the petitioner has filed a case bearing Nautan P.S. Case No. 267 of 2024 on 21.07.2024 against the Informant and others and thereafter, the Informant has lodged the present false case against the petitioner and his family members only to save her skin and create undue pressure. The injury report of the injured Hiralal Sah does not support the prosecution case. Learned counsel for the petitioner further submits that the petitioner was not present at the place of occurrence at the alleged time of occurrence.

Charge-sheet has been submitted in this case. The petitioner has two criminal antecedent. Learned counsel for the petitioner further submits that the co-accused Sugriv Yadav has already been granted bail by this Court vide order dated 26.10.2024 passed in Cr. Misc. No. 77289 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner, stating that the offence alleged is serious in nature. There is specific and direct allegation of assault against the

Patna High Court CR. MISC. No.10209 of 2025(3) dt.19-03-2025 3/3 petitioner and has also two criminal antecedents.

6. Considering the aforesaid facts and circumstances of the case as also taking into account the nature and gravity of the offence, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

7. Accordingly, the prayer for anticipatory bail of the petitioner, above named, is rejected. If the petitioner surrenders before the court below within a period of four weeks from today and prays for regular bail, the same would be considered by the court below in accordance with law without being prejudiced by the order of this Court.

(Rudra Prakash Mishra, J) rishi/- U T