Nilkanth Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65195 of 2018 Arising Out of PS. Case No.-102 Year-2015 Thana- BAUNSI District- Banka ====================================================== Nilkanth Yadav, Son of Ambika Yadav @ Ambika Prasad Yadav. Resident of Village- Bhaljor, Police Station- Bounsi, District- Banka. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-12-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,308,337 and 504/34 of the IPC.

The prosecution case is to the effect that on 15.8.2015 at 8 A.M. during the celebration of Independence Day in the Primary School, the in course of distribution of sweets, the petitioner came and indulged in hot talk with the Headmaster of the school, in the meantime, the informant came and tried to pacify the matter whereupon the petitioner started abusing the informant. The petitioner assaulted the informant causing injury on his upper left eye. Thereafter, other accused persons also came and assaulted the informant.

It is submitted by learned counsel for the petitioner that

Patna High Court Cr.Misc. No.65195 of 2018(2) dt.13-12-2018 2/2 the accusation has been levelled in the background of a dispute with regard to distribution of sweets in school and the injury of the informant has been found to be simple. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Considering the nature of accusation and the nature of injury, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM I, Banka in connection with Bounsi P.S. Case No.102 of 2015 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U