Nand Kishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48027 of 2022 Arising Out of PS. Case No.-74 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== Nand Kishor Yadav S/o Ganesh Yadav Resident of Village- Dumri Parsa, Tola- Dumri, Ward No.-2, P.S.- Majhaulia, District- West Champran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pravin Kumar, Advocate For the Opposite Party :

Mr. Ram Naresh Ray, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

Allegedly, the accused alongwith the petitioners assaulted the informant with farsa and lathi causing injury. It has further been alleged that one Raj Kishor Yadav snatched Rs. 70,000/- from the pocket of the informant, and the petitioner Nand Kishor Yadav alongwith other accused assaulted the wife of the informant and snatched her Mangalsutra.

It is submitted by learned counsel for the petitioner that there is land dispute between the parties. There is case and

Patna High Court CR. MISC. No.48027 of 2022(2) dt.06-12-2022 2/2 counter case between the parties. The petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent. It is further submitted that similarly situated co-accused has been granted anticipatory bail by this Court vide Order dated 28.11.2022 passed in Cr. Misc. No. 42286.

Learned APP for the State vehemently opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case and materials available on record, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Majhauliya P.S. Case No. 74 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Shahnawaz/- U T