Nehal Gaddi @ Nehal Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45373 of 2025 Arising Out of PS. Case No.-183 Year-2022 Thana- SRINAGAR District- West Champaran ====================================================== 1.

Nehal Gaddi @ Nehal Akhtar S/o Chhotelal Gaddi R/o Village- Pujaha Gaddiyani, P.S.- Srinagar, District- West Champaran 2.

Nanhak Gaddi @ Nanak Gaddi S/o Jagarasan Gaddi R/o Village- Pujaha Gaddiyani, P.S.- Srinagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raki Alam For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2025

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

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of one case and petitioner no. 2 is a person with clean antecedent, but then the case against the petitioner no. 1 was instituted by his wife under Section 498A of the IPC.

4. Learned counsel for the petitioners next submits that petitioners have been falsely implicated in the instant case

Patna High Court CR. MISC. No.45373 of 2025(3) dt.29-08-2025 2/3 by the informant. It is further submitted that police, after investigation, submitted final form exonerating the petitioners of the allegation as alleged in the FIR, but then the learned Magistrate differing with the police report took cognizance, as such, the petitioners apprehend their arrest. The learned counsel further submits that when one Investigating Agency, after threadbare investigation, came to a considered conclusion that petitioners are innocent whether it would be prudent for the Court to send the petitioners to jail based on an order of cognizance which came to be taken based on the same police report which exonerated the petitioners of the allegation. It is also submitted that petitioners will not abscond rather will cooperate in the trial to prove their innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where

Patna High Court CR. MISC. No.45373 of 2025(3) dt.29-08-2025 3/3 the case is pending/successor court in connection with Srinagar P.S. Case No. 183 of 2022 subject to the conditions as laid down under Section 482 (2) of the BNSS.

7. Accordingly, the instant anticipatory bail application is allowed.

(Satyavrat Verma, J) Rishabh/- U T