Nilesh Yadav @ Nilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 83074 of 2019 Arising Out of PS Case No.-186 Year-2018 Thana- SIKANDRA District- Jamui ====================================================== 1.

Nilesh Yadav @ Nilesh Kumar aged about 18 years (Male), Son of Harbansh Yadav, Resident of Village - Dharsanda, P.S.- Sikandara, District - Jamui. 2.

Bablesh Kumar @ Bablesh Yadav, aged about 20 years (Male), Son of Ram Bilash Yadav, Resident of Village - Dharsanda, P.S.- Sikandara, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the State :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 07-01-2020 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Sikandra PS Case No. 186 of 2018 dated 15.08.2018 instituted under Sections 147, 148, 341, 323, 307, 325, 379/504 of the Indian Penal Code.

3. The allegation against the petitioners and others is of assault on the informant and his two sons.

4. Learned counsel for the petitioners submitted that there is case and counter case also and the incident was the result of some minor scuffle, which occurred between the parties who participated in a school function. Learned counsel submitted that as per the allegation, there is nothing specific with regard to the

Patna High Court CR. MISC. No.83074 of 2019 dt.07-01-2020 2/2 blows inflicted by the petitioners on the injured. It was further submitted that the allegations are not worthy for the reason that there is allegation of further assault in the hospital, which cannot be possible as there was police presence in the hospital. It was submitted that the petitioner no. 2 is also not named in the FIR and only during investigation, he has been implicated.

5. Learned APP submitted that the petitioners not only assaulted the victim at the first instance but also assaulted them in the hospital where it was not only the younger son of the victim who was assaulted but also the informant and his elder son and further that such assault has resulted in fracture of right leg of the elder son of the informant.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioners on anticipatory bail.

7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T