Nandhir Yadav @ Randhir Yadav @ Randhir Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20962 of 2025 Arising Out of PS. Case No.-25 Year-2023 Thana- MARAUNA District- Supaul ====================================================== Nandhir Yadav @ Randhir Yadav @ Randhir Kumar Yadav, aged about 23 years, Gender, Male, S/o Late Brahamdeo Yadav, R/o Village- Rataho, PSMarauna, Distt- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Kumar Dhananjay Singh, Advocate Mr. Rajiv Kumar, Advocate For the Opposite Party/s :
Ms. Nirmala Kumari, APP For the informant :
Mr. Kuldeep Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-08-2025 Heard Mr. Yogesh Chandra Verma, learned Senior Counsel along with Mr. Mr. Kumar Dhananjay Singh and Mr. Rajiv Kumar, learned counsels appearing on behalf of the petitioner; Ms. Nirmala Kumari, learned APP for the State and Mr. Kuldeep Kumar, learned counsel for the informant.
2. The petitioner seeks pre-arrest bail in connection with Marauna P.S. Case No. 25 of 2023 registered for the offence(s) punishable under Sections 147, 149, 341, 323, 324, 325, 307, 379, 447, 504 and 506 of the Indian Penal Code.
3. As per the allegation made in the FIR, altogether 29 named including the petitioner and 10 unknown accused persons with an intention to kill the informant and his family members
2/4 assaulted them in which they sustained injuries. Specific allegation against the petitioner is to have assaulted the informant on his head.
4. Mr. Yogesh Chandra Verma, learned Senior Counsel appearing on behalf of the petitioner submitted that petitioner is innocent and injury attributable to the petitioner is on the non-vital part of the body, though in the FIR, it has been alleged that the petitioner assaulted on the head of the informant. There is case and counter case between the parties. The petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Mr. Kuldeep Kumar, learned counsel has tendered his appearance on behalf of the informant and informs that the petitioner along with other co-accused with common intention to kill the informant and other have assaulted in which the informant has saved his life after getting treated. There are altogether 10 injuries on the person of the informant on the vital part of the body and the very intent of the petitioner is such that he cannot be absolved from being convicted in course of the trial.
6. Learned APP for the State has also vehemently opposed the prayer for grant of pre-arrest bail.
3/4
7. Having considered the rival submissions made on behalf of the parties and considering the fact that altogether 29 named and 10 unknown accused persons have assaulted the informant and other, as a result of which, the informant sustained injury and in the case diary at page no.33, it has come that the informant sustained injuries on the nasal and maxilla part of the body but the same is grievous in nature. There is case and counter case between the parties and the injuries attributable to the petitioner being not on the vital part of the body, the petitioner, who is having clean antecedent, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Supaul /concerned court in connection with Marauna P.S. Case No. 25 of 2023, subject to the conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will
4/4 automatically lose its force.
(Purnendu Singh, J) Sanjay/- U T