Nitish Yadav @ Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79784 of 2024 Arising Out of PS. Case No.-282 Year-2024 Thana- DHORAIYA District- Banka ====================================================== Nitish Yadav @ Nitesh Kumar Son of Buddhan Yadav Resident of Village - Jogdiha, P.S. - Dhoraiya, District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Dhoraiya P.S. Case no. 282 of 2024 instituted for the offence under Sections 126(2), 115 (2), 117 (2), 308 (2), 303 (2), 352 and 351 (2) of the Bharatiya Nayay Sanhita.

3. The case of the prosecution is that the informant had gone to the village of the petitioner for plouging the fields by means of tractor. The petitioner demanded Rs. 1000/- per day as 'rangdari' due to which altercation took place. It is further alleged that the petitioner assaulted with 'iron rod' on the hand

Patna High Court CR. MISC. No.79784 of 2024(2) dt.05-12-2024 2/3 of the informant and another attempt was made on head but it also hit on the hand. It is further alleged that the petitioner snatched Rs. 15,000/- and a mobile of the informant.

4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. During the course of argument, learned counsel for the petitioner submits that the occurrence has taken place on the petty issue for plouging the field. From perusal of the FIR itself, it is clear that assault by the petitioner hit the hand of the informant. Further submission is that the petitioner is having no criminal antecedent.

5. Learned APP appearing for the State 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 Dhoraiya P.S. Case no. 282 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 Chief Judicial Magistrate, Banka,

Patna High Court CR. MISC. No.79784 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) Jagdish/- U T