Nilesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13668 of 2025 Arising Out of PS. Case No.-7 Year-2024 Thana- Bharatkhand District- Khagaria ====================================================== Nilesh Yadav Son of Jhari Yadav Resident of Village- Yadubansh Nagar, P.S.- Bharatkhand, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Budhilal Yadav, Adv.
For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner as well as the counsel appearing for the respondent-State.
2. It is the first regular bail application submitted by the petitioner who has been arrested in connection with Bharatkhand P.S. Case No. 07 of 2024 dated 18.03.2024 for the alleged offences punishable under Section 447, 341, 323, 307, 427, 504, 506, 34 of the Indian Penal Code.
3. According to the case of prosecution, on the date of incident i.e. 17.03.2024 at about 05:00 A.M. when the informant went to see his crop at the field, he found that the present applicant was cutting his crop there. When the informant opposed then the present applicant rope on the neck of the informant and tried to press his neck due to that he sustained injuries on his neck, when father of the informant came there, the present applicant also abused him. On the basis of the written complaint made by the informant offences has
Patna High Court CR. MISC. No.13668 of 2025(3) dt.09-05-2025 2/3 been registered and during the course of investigation the present applicant was arrested on 24.12.2024.
4. It is submitted by the counsel for the petitioner that the petitioner herein is innocent and is falsely implicated in this case due to some previous dispute with the complainant. He further submits that the incident is of 17.03.2024 about 05:00 A.M. but FIR has been registered on 18.03.2024 and the injured informant has been medically examined by the concerned doctor at 06:00 P.M. on 18.03.2024 in the medical report the doctor has mentioned that the time of the injury is within six hours from the examination. Thus, it is clear that the injury found in the neck of the informant at the time of examination was not caused by the present applicant. He further submits that the present applicant is in custody since 24.12.2024 therefore, it is prayed that on these grounds he may be granted benefit of bail.
5. Learned counsel appearing on behalf of respondentState opposes the prayer of bail.
6. Considering the submission made by the counsels and further considering the detention period of the applicant, I am of the view that in this case the present applicant should be granted the benefit of bail. Accordingly, the petition is allowed. The petitioner is directed to be released on bail in connection with Bharatkhand P.S. Case No. 07 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties, to the like amount each to the
Patna High Court CR. MISC. No.13668 of 2025(3) dt.09-05-2025 3/3 satisfaction of the learned Judicial Magistrate - Ist class, Khagaria.
(Arvind Singh Chandel , J) Siddharth Soni/- U T