Babuchand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43356 of 2025 Arising Out of PS. Case No.-308 Year-2024 Thana- HULASGANJ District- Jehanabad ====================================================== Babuchand Yadav Son of Late Shiv Nandan Yadav Resident Of Village- Pakar Bigha, P.S.- Hulasganj, Distt.- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Neeraj, Advocate Ms. Kumari Anjani Sinha, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-07-2025

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 Hulasganj P.S. Case no.308 of 2024, registered under sections 126(2), 115(2), 109(1), 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the accused persons including the petitioner herein are said to have come variously armed and the petitioner is said to have assaulted the sister of the informant with a lathi on her head.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The manner of occurrence is other than what has been narrated in the FIR. There is case and counter case between the parties, though it is true that the case lodged by the petitioner's wife is subsequent to

Patna High Court CR. MISC. No.43356 of 2025(2) dt.28-07-2025 2/2 the FIR in which the instant application for bail has been moved. Referring to the injury report of the sister of the informant, learned counsel submits that the injuries have been found to be simple in nature. The petitioner has no criminal antecedent and undertakes to cooperate in the investigation/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R., there being case and counter case between the parties and the injury on the sister of the informant which may be attributed to this petitioner having been found to be simple in nature, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Hulasganj P.S. Case no.308 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad. (Partha Sarthy, J) Shiv/- U T