Nandlal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24366 of 2024 Arising Out of PS. Case No.-393 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== NANDLAL YADAV S/O- LATE TIPAN YADAV R/O- VILLAGE- SEWA (UPRELI TOLA), P.S.- GIDHOUR, DIST.- JAMUI.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 307, 504/34 of the Indian Penal Code.
3. As per the prosecution case, on 27.08.2023 at about 1:00 PM, when father of the informant was grazing the cattle, in the meanwhile, all the F.I.R. named accused persons including this petitioner assaulted him with lathi, danda and farsa. It is further alleged that the accused persons entered into the house of the informant and assaulted the informant and his father with sword.
4. Learned counsel for the petitioner submits that allegation of assault against the petitioner is general and omnibus. No specific overt act has been alleged against the
Patna High Court CR. MISC. No.24366 of 2024(2) dt.08-05-2024 2/2 petitioner. Specific allegation of assault with sword is against co-accused Shankar Yadav. Doctor has found the injuries to be simple in nature.
5. Considering the general and omnibus nature of allegation, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, Jamui in connection with Laxmipur (Gidhour) P. S. Case No. 393 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T