Kailash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79830 of 2024 Arising Out of PS. Case No.-137 Year-2024 Thana- NARHATT District- Nawada ====================================================== Kailash Yadav S/O Mahavir Prasad Yadav R/O Village- Jalalpur, P.O- Raja Bigha, P.S- Narhat, Distt.- Nawada, PIN- 805122. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vivek Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and Mr. Satyendra Narayan Singh, learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Narhat P.S. Case No. 137 of 2024 instituted for the offence under Sections 323, 341, 308, 354, 504, 506 and 34 of the Indian Penal Code.
3. The case of the prosecution is that during the occurrence, when the father of the informant came to rescue him, this petitioner and his son assaulted him.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.79830 of 2024(2) dt.05-12-2024 2/3 committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that there is also a counter version of this case. From perusal of the order of the trial Court, it is clear that there is discription of the injury of the informant but there is no discription of the injury of the informant's father. Allegation against this petitioner is that he assaulted the father of the informant and the nature of allegation against him is general and omnibus. It is further submitted by learned counsel for the petitioner that petitioner is having one criminal antecedent which was filed by the gotiya of the informant of this case.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.
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 Narhat P.S. Case No. 137 of 2024, 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 J.M.-I, Nawada
Patna High Court CR. MISC. No.79830 of 2024(2) dt.05-12-2024 3/3 subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Shubham/- U T