Nepali Yadav @Nepali@Devendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81532 of 2023 Arising Out of PS. Case No.-109 Year-2023 Thana- DULHIN BAZAR District- Patna ====================================================== Nepali Yadav @NEPALI@DEVENDRA Kumar S/O Suryanath Yadav Village- Nejampur, Ps. Dulhin Bazar, Dist. Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Dulhin Bazar P.S. Case No. 109 of 2023 dated 22.03.2023, instituted for the offence punishable under Sections 341, 323, 307, 149, 379, 147, 504 and 506 of the Indian Penal Code.

3. The allegation against the petitioner and co-accused Akhilesh Yadav is that they assaulted the informant with iron rod which got struck on his shoulder and leg.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is case and counter case between the parties vide Dulhin Bazar P.S. Case No. 117 of 2023 lodged by the petitioner against the informant and his

Patna High Court CR. MISC. No.81532 of 2023(3) dt.07-03-2024 2/2 family members. It is submitted that the allegation of assault is against two persons namely, Akhilesh Yadav and Nepali Yadav(Petitioner) but as per the injury report, the injuries are found to be simple in nature caused by hard and blunt substance over left forearm and left foot of the informant. Lastly, it has been submitted that the petitioner has one criminal case against him.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Dulhin Bazar P.S. Case No. 109 of 2023, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Danapur, Patna, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Sankalp/- U T