Nanahki Yadav @ Rahul Raj @Nanki Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40043 of 2025 Arising Out of PS. Case No.-202 Year-2024 Thana- JOGSAR District- Bhagalpur ====================================================== Nanahki Yadav @ Rahul Raj @Nanki Yadav Son of Sri Kant Yadav Resident of village - Urdu Bazar, P.S.- Tatarpur, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Prasad For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-09-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Jogsar P.S. Case No.202/2024, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) of the B.N.S.S.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that her son aged about 14 years had gone for immersion of Goddess Kali with Krishna and petitioner, further she received an information on her mobile that a 14 year old boy is lying in an injured condition, accordingly, the informant reached the place of occurrence but was informed that the police has taken the injured to the hospital, accordingly, the informant

Patna High Court CR. MISC. No.40043 of 2025(3) dt.01-09-2025 2/3 came to the hospital and saw her son lying in an injured condition who disclosed that petitioner and Anand took him behind Bhola Baba temple and demanded Rs.500/-, on objection, Nanahki (petitioner) assaulted him with sword on back, while Kishore assaulted by Dabiya causing injury on head.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that even presuming what has been alleged is true without admitting then specific allegation of assaulting on head by Dabiya is against Kishore, while petitioner is alleged to have assaulted the victim by sword from behind on non-vital part of the body. It is next submitted that the parties have compromised also.

5. Learned A.P.P. vehemently opposes the prayer for anticipatory bail of the petitioner and submits that the injury of the victim has been opined to be grievous. It is further submitted that no doubt specific allegation of assaulting the victim is on Kishore who is alleged to have assaulted the victim by Dabiya on head but then the petitioner was also present at the place of occurrence and he is alleged to have assaulted the victim by sword. It is also submitted that both petitioner and Kishore were

Patna High Court CR. MISC. No.40043 of 2025(3) dt.01-09-2025 3/3 present at the place of occurrence, as such they felt emboldened in assaulting a 14 year old boy. It is also submitted that investigation in the case is continuing.

6. Considering the submissions made by the learned APP, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7. The prayer for anticipatory bail of the petitioner is rejected.

(Satyavrat Verma, J) amit/- U T