Durganand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41823 of 2025 Arising Out of PS. Case No.-103 Year-2024 Thana- NADI District- Supaul ====================================================== Durganand Yadav S/o Shivan Yadav R/o Village- Majhaura, Ward no-1, P.S.- Supaul Nadi thana, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP For the Informant :

Mr. Mukul Kumar Singh, Advocate Mr. Avanish Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-07-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Supaul Nadi P.S. Case no.103 of 2024, registered under sections 126(2), 115(2), 118(1), 109, 75, 303(2), 352, 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the informant states that the six named accused persons including the petitioner herein as also four unknown accused persons variously armed entered the house of the informant and started to hurl abuses. It is further stated that the petitioner assaulted the informant with a chhura on her neck, however she sustained injury on her head. The informant's daughter was also assaulted. The house of her brother-in-law was also damaged. The informant further states

Patna High Court CR. MISC. No.41823 of 2025(2) dt.18-07-2025 2/3 that as a result of taking the injured for treatment, there was delay in lodging of the FIR.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegations levelled in the FIR are not supported from the injury report insofar as the nature of injury has been found to be caused by hard and blunt substance and there is no finding to the effect that the injury is grievous in nature. There is an inordinate delay in lodging of the FIR. The petitioner undertakes to cooperate in the investigation/trial.

5. The application for anticipatory bail is opposed by learned A.P.P for the State and learned counsel for the informant. Learned counsel for the informant submits that besides the petitioner being named in the FIR, there is direct allegation against him of having assaulted the informant with a chhura causing injury on the head of the informant, which is substantiated from the injury report, contents of which finds mention in the order of the learned trial Court. It is further submitted that the petitioner has criminal antecedents and thus the application be rejected.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in

Patna High Court CR. MISC. No.41823 of 2025(2) dt.18-07-2025 3/3 the F.I.R., the corresponding injury having been found on the head of the informant together with the petitioner having criminal antecedents as mentioned in paragraph no.3 of the petition, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.

7. The petitioner is directed to surrender in the learned Court below within a period of four weeks.

(Partha Sarthy, J) Shiv/- U T