Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5315 of 2024 Arising Out of PS. Case No.-15 Year-2023 Thana- BIHRA District- Saharsa ====================================================== 1.

Naresh Yadav S/O Sukhdeo Yadav R/O VILLAGE- AARAN P.S.- BIHRA AND DIST.- SAHARSA 2.

Ratan Yadav @ Ratan Kumar Son Of Sukhdeo Yadav R/O Village- Aaran P.S.- Bihra And Dist.- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Diwakar Singh, Advocate For the State :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-02-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code.

3. As per prosecution case, Petitioner No. 1 is alleged to have assaulted on the head of the informant and Petitioner No. 2 is alleged to have assaulted on the leg of the informant.

4. It is submitted by learned counsel appearing on behalf of the petitioners that there is case and counter-case and Bihra P.S. Case No. 16 of 2023 has been lodged by Petitioner No. 1 against the informant and others for the same set of occurrence. It is further submitted that though there is allegation

Patna High Court CR. MISC. No.5315 of 2024(2) dt.17-02-2024 2/2 of assault, the injuries sustained by the injured has been found to be simple in nature. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances, nature of injuries sustained, case and counter-case and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Saharsa, in connection with Bihra P.S. Case No.15 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T