Naklu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45951 of 2025 Arising Out of PS. Case No.-43 Year-2018 Thana- JHAJHA District- Jamui ====================================================== 1.
Naklu Yadav, S/o Late Tilo Yadav, R/o - Chhapa (Dhapri), P.S. - Jhajha, District - Jamui 2.
Jitendra Yadav, S/o Naklu Yadav, R/o - Chhapa (Dhapri), P.S. - Jhajha, District - Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-08-2025 Heard Mr. Pramod Kumar, learned counsel for the petitioners and Mr. Lalan Kumar, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Jhajha P.S. Case No. 43 of 2018 instituted for the offence under Sections 341, 323, 324, 504, 325, 307 and 34 of the Indian Penal Code.
3. The case of the prosecution is that the petitioners along with others were irrigating their fields from the well of the informant. When he objected, they assaulted him with lathidanda. It is specifically alleged that Jitendra Yadav, petitioner no.2 assaulted with lathi on the right hand due to which the hand
Patna High Court CR. MISC. No.45951 of 2025(2) dt.04-08-2025 2/3 was fractured. When Chano Yadav came to rescue, Naklu Yadav assaulted with tangi on his head due to which he received bleeding head injury.
4. Learned counsel appearing on behalf of the petitioners has submitted that there is a counter version of this case as well. He has also submitted that there was free fight between the parties. Though, he has not been able to show that the petitioner side has also received injuries. Injury report is not available on the record but from perusal of the order of the trial Court, it transpires that the injuries were grievous in nature. Petitioners and informant are neighbour. Petitioners are having no criminal antecedent.
5. Learned APP appearing for the State has vehemently 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 Jhajha P.S. Case No. 43 of 2018, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the
Patna High Court CR. MISC. No.45951 of 2025(2) dt.04-08-2025 3/3 like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamui, subject to the conditions as laid down under section 438 (2) of the Cr.P.C.
(Ashok Kumar Pandey, J) lata/- U T