Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68555 of 2024 Arising Out of PS. Case No.-639 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Naresh Yadav S/o Late Parmeshwari Yadav R/o Dhamsena Ward No.6, P.S.- Saur Bazar, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Saur Bazar P.S. Case No. 639 of 2023 instituted for the offence under Sections 307, 379, 447, 341, 323, 427, 504, 506, 147, 148 and 149 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner is that he on the order of co-accused Suresh Yadav assaulted Lal Mohar Yadav with farsa due to which he received head injury.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.68555 of 2024(2) dt.25-10-2024 2/3 case. It is submitted by learned counsel for the petitioner that there is counter version of this case. From perusal of the injury report of injured Lal Mohar Yadav, it transpires that injured has received seven injuries on his head out of which injury no. 6 is grievous in nature. As per FIR, the allegation against the petitioner is that he gave single blow upon the injured with Gadasa which is sharp cutting weapon whereas the injuries sustained by the injured is caused by hard and blunt substance. Injuries does not correlate with the allegation.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and submitted that petitioner has one criminal antecedent.

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 petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Saur Bazar P.S. Case No. 639 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Saharsa subject to the conditions as laid down under section

Patna High Court CR. MISC. No.68555 of 2024(2) dt.25-10-2024 3/3 438(2) of the Cr.P.C.

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