Sikandar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36422 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- PALI District- Jehanabad ====================================================== Sikandar Yadav Son of Bhushan Yadav Resident of Village- Palimath, P.S.- Pali, District- Jehanadad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand Neeraj, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-06-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Pali P.S. Case No. 41 of 2025, lodged on 17.03.2025, under Sections 126(2)/115(2)/109(1) /74 /324(4) / 117(2)/3(5) of B.N.S. 2023.

3. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioner. The allegation against the present petitioner is that the petitioner

Patna High Court CR. MISC. No.36422 of 2025(2) dt.18-06-2025 2/3 has assaulted at the hand of the daughter-in-law of the informant due to which the fracture has been caused.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that antecedent of the petitioner is not clean. He submits that both are adjacent neighbour and co-villager well known to each other. Upon petty issue the dispute has arisen. He submits that the entire allegation is false. Counsel submits that casediary be called for and injury may be verified.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the Principal District & Sessions Judge at the time of passing the final order has called for the case-diary and injury report has been acknowledged in the order-sheet. From the injury report, which has been acknowledged in the order sheet sheet, it transpires to this Court that by this injury fracture has been caused in the upper side of Ulna. It also transpires to this Court that antecedent of the petitioner is not clean. There is one criminal antecedent pending against him.

6. Considering the nature of allegation, the prayer for anticipatory bail of petitioner is hereby rejected. However, in the event of surrender of the petitioner within four weeks from

Patna High Court CR. MISC. No.36422 of 2025(2) dt.18-06-2025 3/3 today, the prayer for regular bail shall be considered after going through the medical report on the same day without being prejudiced by the order of this Court.

(Dr. Anshuman, J) Mkr./- U T