Patna High CourtCR. MISC./76718/2024disposed

Kuldeep Yadav v. The State Of Bihar

2025-03-22Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76718 of 2024 Arising Out of PS. Case No.-156 Year-2020 Thana- BELAGANJ District- Gaya ====================================================== Kuldeep Yadav S/O Late Bisheswar Yadav R/O Vill.- Rambigha, P.S.- Belaganj, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 325, 504 and 379/34 of the Indian Penal Code.

3. Allegation against the petitioner and other coaccused persons is to have assaulted the informant her ear ring.

4. Learned counsel for the petitioner submits that petitioner submits that petitioner has falsely been implicated in this case. He next submits that there is no specific allegation against him and all sections are bailable except Section 379 of the IPC.

5. Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No.76718 of 2024(3) dt.22-03-2025 2/2 anticipatory bail of the petitioner.

6. On perusal of the first information report, case diary, injury report and impugned order dated 05.10.2025, it appears that after conclusion of the investigation, investigation officer found that the case true only against the petitioner under Sections 341, 323, 324, 325 and 504/34 of the IPC and these offences are bailable, so this anticipatory bail is not maintainable.

7. So, if the petitioner surrenders before the trial court within 30 days from the date of this order, the learned trial Court must be considered the opinion of the investigating officer found the case true that all the offences are bailable offence.

8. Accordingly, this application is disposed of. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T