Nand Kishore Yadav @ Nandkishor Prasad @ Nand Kishor Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82626 of 2023 Arising Out of PS. Case No.-674 Year-2022 Thana- HISUWA District- Nawada ====================================================== NAND KISHORE YADAV @ NANDKISHOR PRASAD @ NAND KISHOR PRASAD YADAV SON OF LATE RAMSWAROOP YADAV R/O VILLAGE- MATUK BIGHA, P.S.- HISUA, DISTRICT- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP.

Mr. Durgesh Nandan, Adv.

Ms. Rashmi Kumari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. As per the FIR, the allegation against the petitioner is that he took the maternal grand child of the informant from the lap of her mother and threw him on the ground causing his death in Sadar Hospital Nawada in course of the treatment.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has

Patna High Court CR. MISC. No.82626 of 2023(2) dt.05-01-2024 2/2 been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. It is further submitted that after investigation, the police has filed the final form against the petitioner, but the learned Court below, differing from the final form, took cognizance against the petitioner. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for the bail.

6. Having regard to the facts and circumstances of the case, as the police has filed the final form against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Hisua P.S. Case No. 674 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T