Nitish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65222 of 2019 Arising Out of PS. Case No.-78 Year-2019 Thana- DARAUNDA District- Siwan ====================================================== NITISH YADAV Son of Raj Kumar Yadav Resident of Village - Harkeshpur, P.S.- Maharajganj, Distt - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-11-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Daraunda Police Station Case No. 78 of 2019, disclosing offences under Sections 341/323/324/379/34 of the Indian Penal Code.

The allegation against the petitioner is that while the informant was returning from attending a function, he was intercepted by the petitioner and others and co-accused Chandan Yadav snatched a golden chain of the informant and on protest, the petitioner inflicted a knife blow to the informant. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to a dispute which had arisen during a cricket game. He further

Patna High Court CR. MISC. No.65222 of 2019(2) dt.04-11-2019 2/2 submits that both the parties are co-villagers and no serious injury has been caused to the informant. He next submits that allegation of snatching golden chain of the informant is upon co-accused.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers and no apparent serious injury has been found on record, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Siwan, in connection with Daraunda Police Station Case No. 78 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √