Awakash Kumar @ Anish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76983 of 2024 Arising Out of PS. Case No.-266 Year-2024 Thana- DEHRI TOWN District- Rohtas ====================================================== Awakash Kumar @ Anish Yadav S/O Ajit Yadav @ Ajit singh R/O MohallaGali No. 8, Gandhi Nagar, P.S- Dehri Town, Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar,Adv For the State :

Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends his arrest in connection with Dehri Town P.S Case No.266 of 2024 registered for the offences punishable under Sections 341, 323, 324, 379, 504, 506 of the Indian Penal Code.

3. From perusal of the FIR, it would appear that there is an allegation on this petitioner of giving Katta blow (country made pistol) due to which the informant sustained injuries on his head and also fell off from the motorcycle and became unconscious.

4. Learned counsel for the petitioner submits that a perusal of the FIR, would itself go to show that no motive whatsoever has been indicated as to why the petitioner would

Patna High Court CR. MISC. No.76983 of 2024(4) dt.11-04-2025 2/3 assault the informant. It is further submitted that as a matter of fact, the informant has fell off from the motorcycle and has received injuries. The petitioner has been falsely implicated due to some family issues between the petitioner's family and the family of the informant. Learned counsel for the petitioner also submitted that petitioner is a student, who is pursuing his B.SC Agriculture from Gopal Narayan University, Jamuhar, Rohtas and has no criminal antecedent.

5. The learned APP opposes the anticipatory bail on the ground that the informant has received five injuries. Learned counsel for the petitioner however responds to the same by stating that all the five injuries are in the nature of laceration and pain and are also simple in nature, which could even be the result of falling off from the motorcycle.

5. Considering the aforesaid facts and circumstances and also considering that the injuries are simple in nature and the petitioner is a student having no criminal antecedent, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today, the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.76983 of 2024(4) dt.11-04-2025 3/3 the learned Sub- Divisional Judicial Magistrate, Dehri, Rohtas in Dehri P.S Case No. 266 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C subject to further condition that petitioner shall co-operate in the course of investigation/ trial.

(Soni Shrivastava, J) N.K/- U T