Nageshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1154 of 2024 Arising Out of PS. Case No.-72 Year-2023 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== 1.

Nageshwar Yadav S/O Late Anathi Yadav 2.

Birdeo Yadav S/O Late Bhogendra Yadav 3.

Umesh Yadav S/O Late Anathi Yadav All Are R/O Village- Jhaua, P.S- Bhairabsthan, Distt.- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagandeo Yadav, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-04-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The defects pointed out by the office is ignored.

3. Learned counsel for the petitioner seeks permission to withdraw the anticipatory bail application with respect to petitioner no.2 & 3, Birdeo Yadav and Umesh Yadav respectively.

4. Permission is accorded.

5. Accordingly, the anticipatory bail application is dismissed as withdrawn as against petitioner no.2 & 3.

Patna High Court CR. MISC. No.1154 of 2024(2) dt.09-04-2024 2/3

6. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 427, 448, 504, 506/34 of the Indian Penal Code.

7. It is next submitted that petitioner has antecedent of three cases and has been falsely implicated in the instant case by the informant. It is next that from perusal of the allegation as alleged in the FIR, it would manifest that petitioner is not alleged to have assaulted the injured, rather has been assigned the role of an order giver. It is further submitted that specific allegation of assault is against named accused persons.

8. The learned APP opposes the anticipatory bail application.

9. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Ist, Jhanjharpur, Madhubani in connection with Bhairabasthan P.S. Case No.72 of 2023, subject to the conditions laid down under Section 438(2) of the

Patna High Court CR. MISC. No.1154 of 2024(2) dt.09-04-2024 3/3 Cr.P.C.

10.

The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T