Nandeshwar Yadav @ Nandeshwar Kaurgia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37660 of 2020 Arising Out of PS. Case No.-128 Year-2019 Thana- LAUKAHI District- Madhubani ====================================================== NANDESHWAR YADAV @ NANDESHWAR KAURGIA Son of Vishwanath Yadav Resident of Village-Belhi,Bhawanipur,P.S.Laukhi, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections 148, 341, 323, 324, 307, 354A, 447, 504, 506, 380 of the Indian Penal Code.

Allegation against the petitioner is of giving Farsa blow on the head of the informant's husband as a result of which, he sustained injury.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. There

Patna High Court CR. MISC. No.37660 of 2020(2) dt.22-07-2021 2/2 is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The nature of injury is said to be simple. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Sub Divisional Judicial Magistrate, Jhanjharpur, Madhubani in connection with Laukahi P.S. Case No. 128 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T