Hari Charan Yadav @ Harishchandra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40773 of 2025 Arising Out of PS. Case No.-90 Year-2025 Thana- SARMERA District- Nalanda ====================================================== 1.

Hari Charan Yadav @ Harishchandra Yadav Son of Late Bhirgu Yadav @ Bhagu Yadav Resident of village - Gowachak, P.S.- Sarmera, District - Nalanda.

2.

Vakil Yadav Son of Bachchu Yadav Resident of village - Gowachak, P.S.- Sarmera, District - Nalanda.

3.

Shahul Kumar @ Shahul Yadav Son of Vakil Yadav Resident of village - Gowachak, P.S.- Sarmera, District - Nalanda.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sarmera P.S. Case No. 90 of 2025 instituted for the offence under Sections 126(2), 115(2), 117(2), 352, 303(2) and 3(5) of Bhartiya Nyaya Sanhita.

3. The case of the prosecution is that the petitioners along with others assaulted with lathi and iron rod on the head of Vivek due to which he received head injury. It is further

Patna High Court CR. MISC. No.40773 of 2025(2) dt.25-07-2025 2/3 alleged that all the accused persons assaulted with lathi and danda to the informant as well.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. There is also a counter version of this case. From perusal of the injury report, it transpires that the nature of injury of both the victims is simple caused by hard and blunt substance. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sarmera P.S. Case No. 90 of 2025, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif subject to the conditions as laid

Patna High Court CR. MISC. No.40773 of 2025(2) dt.25-07-2025 3/3 down under section 482(2) of B.N.S.S.

(Ashok Kumar Pandey, J) lata/- U T