Mukesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24064 of 2025 Arising Out of PS. Case No.-200 Year-2024 Thana- LAKHISARAI District- Lakhisarai ====================================================== Mukesh Yadav Son of Late Ramotar Yadav Resident of Kurauta P.S -Lakhisarai, Dist- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhim Sen Prasad, Adv.
For the Opposite Party/s :
Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-05-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Lakhisarai P.S. Case No. 200 of 2024, registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.
3. Based upon the written report, the prosecution alleges that on the alleged date of occurrence, while the informant was present in front of his house, and an electric pole was being erected, in the meantime, the petitioner along with other came there and protested for the same. It is further alleged that when the informant tried to make them pacified, they brutally assaulted him and others. The petitioner allegedly gave a spear blow over the head of the informant causing serious injury.
Patna High Court CR. MISC. No.24064 of 2025(2) dt.01-05-2025 2/3
4. Learned Advocate for the petitioner contended that there is a counter version of the present case being Lakhisarai P.S. Case No. 201 of 2024, instituted by co-accused Biseshwar Kumar @ Bisheshwar Yadav against the informant and others. So far the injury sustained to the informant is concerned, the same is found to be simple in nature caused by hard and blunt substance and, as such, the entire prosecution case falls to the ground. It is further contended that other co-accused persons have been accorded the privilege of anticipatory bail by the Court below itself. Moreover, the petitioner bears fair antecedent and undertakes that he will fully co-operate in the proceeding of the Court.
5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that there is specific allegation against the petitioner.
6. Regard being had to the submissions made on behalf of the parties and considering the factum of case and counter case, coupled with the simple nature of injury and the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail
Patna High Court CR. MISC. No.24064 of 2025(2) dt.01-05-2025 3/3 bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Lakhisarai in connection with Lakhisarai P.S. Case No. 200 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) shivank/- U T