Sudhir Kumar @ Sudhir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30000 of 2025 Arising Out of PS. Case No.-391 Year-2024 Thana- GRIYAK District- Nalanda ====================================================== 1.

Sudhir Kumar @ Sudhir Yadav S/O Alakhdeo Yadav R/O Village- Bhojpur, P.S- Giriyak, District- Nalanda.

2.

Chhotu Kumar @ Chhotu Yadav S/O Ashok Yadav R/O Village- Giriyak, P.S- Giriyak, Distt.- Nalanda.

3.

Raju Yadav @ Rajju Yadav S/O Rameshwar Yadav R/O Village- Ishua, P.SGiriyak, Dist.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-05-2025

1. Heard the parties.

2. The petitioner apprehends their arrest in connection with Giriyak P.S. Case No. 391 of 2024 dated 11.10.2024 registered under Sections 126(2), 115(2), 109(1), 303(1), 76, 329, 352, 3(5) of the B.N.S. 2023.

3. As per the F.I.R. on 10.10.2024 at about 09:00 P.M. the petitioners along with 2-3 other persons entered into the house of the informant and reached at the roof where the informant and her family members were sitting and assaulted the husband of the informant with rod and 'lathi'. The petitioner no. 3 / Raju Yadav assaulted Raushan Kumar by rod on his head leading to

Patna High Court CR. MISC. No.30000 of 2025(2) dt.15-05-2025 2/3 head injury. When the informant rushed to rescue then all the accused persons attacked upon her, torn her 'saree' and 'blouse', snatched golden chain from the neck of informant and also snatched Rs. 4,000/- from the pocket of the husband of the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent and they have not committed any offence in the manner alleged and they have been falsely implicated due to previous enmity. Both the parties are neighbours having dispute regarding flowing of drainage water. The present occurrence has taken place on a trivial issue relating to quarrel between children. The injury report (Annexure- 2 Series) indicates that injuries sustained by the victims are simple in nature. The petitioners have no criminal antecedent.

5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation, the fact that both the parties are neighbours having petty dispute, injuries sustained by the victims are simple in nature and the petitioners have clean antecedent, accordingly, I am inclined to grant anticipatory bail to the petitioners.

6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the

Patna High Court CR. MISC. No.30000 of 2025(2) dt.15-05-2025 3/3 court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif / court concerned, Nalanda at Biharsharif in connection with Giriyak P.S. Case No. 391 / 2024 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.

(Anil Kumar Sinha, J) praful/- U T