Jitendra Yadav @ Jitendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77192 of 2025 Arising Out of PS. Case No.-189 Year-2025 Thana- ASHTHAWAN District- Nalanda ====================================================== Jitendra Yadav @ Jitendra Prasad S/o Dawarika Yadav, Resident of VillageSakrawan, P.S.- Asthawan, District- Nalanda. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Asthawan P.S. Case No. 189 of 2025, dated 13.06.2025, registered for the offences punishable under Sections 115(2), 126(2), 109(1) and 117(2) read with Section 3(5) of the B.N.S., 2023.

3. As per allegation in the FIR, the accused persons including the present petitioner entered the house of the informant and indulged in assault causing injuries.

4. Learned counsel for the petitioner submits that it would be apparent from the FIR itself that the main allegation of assault with sticks and rods is upon co-accused Dharmendra Yadav and Ram Niwas Yadav and so far as the petitioner is concerned, there is no specific allegation of any overt act. The injury report which has been annexed as Annexure- P/2, indicates that the injury

Patna High Court CR. MISC. No.77192 of 2025(2) dt.27-11-2025 2/2 received by the injured is simple in nature and in any view of the matter, the same is not attributable to the petitioner.

5. Learned Additional Public Prosecutor for the State on the other hand vehemently opposes the prayer for grant of anticipatory bail to the petitioner.

6. Taking into consideration the facts and circumstances of the case and further considering the fact that there are general and omnibus allegations against the petitioner and injury inflicted upon the injured is also found to be simple in nature, let the petitioner, above-named, in the event of his arrest or surrender before the Court concerned within a period of four weeks, be released on anticipatory bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Biharsharif, Nalanda, in connection with Asthawan P.S. Case No. 189 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the BNSS. (Soni Shrivastava, J) Shahnawaz/- U T