Nanhak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.287 of 2025 Arising Out of PS. Case No.-600 Year-2024 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

Nanhak Yadav S/O Suraj Yadav Village - Deoduttpur, P.S.- Daudnagar, Dist.- Aurangabad.

2.

Nand Kishore Yadav S/O Suraj Yadav Village - Deoduttpur, P.S.- Daudnagar, Dist.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Anuj Kumar, Advocate For the State :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-02-2025 Heard learned counsels for the parties.

2. At the outset, learned counsel appearing on behalf of the petitioners seeks permission to withdraw the anticipatory bail application on behalf of Petitioner No. 2 as during pendency of this case, Petitioner No. 2 have already been arrested.

3. Permission, as prayed for, is accorded.

4. Accordingly, the anticipatory bail application on behalf of Petitioner No. 2 is dismissed as withdrawn.

5. The Petitioner No. 1 apprehends his arrest in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109(1) and 303(2) of the

Patna High Court CR. MISC. No.287 of 2025(2) dt.04-02-2025 2/3 B.N.S..

6. As per prosecution case, this petitioner, namely Nanhak Yadav, along with co-accused Nand Kishore Yadav, assaulted father-in-law of informant.

7. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. As a matter of fact, both parties are Gotiyas and due to dispute with regard to share of ancestral property, an altercation took place in which both sides sustained injuries. There is case and countercase between the parties. Doctor has found all the injuries sustained by the injured to be simple in nature except one injury which is said to be grievous in nature. Allegation of assault is general and omnibus against this petitioner and co-accused Nand Kishore Yadav. Petitioner claims clean antecedents.

8. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. and there is specific accusation that he along with other accused persons assaulted informant and her family members.

9. Considering the aforesaid facts and circumstances, general and omnibus nature of accusation, case and counter-case

Patna High Court CR. MISC. No.287 of 2025(2) dt.04-02-2025 3/3 between the parties and clean antecedents of the petitioner the prayer for grant of anticipatory bail to Petitioner No. 1 is allowed.

10. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named Petitioner No. 1 be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Daudnagar P.S. Case No. 600 of 2024, subject to condition as laid down under Section 482 of the B.N.S.S..

11. With the aforesaid directions, this application stands disposed of.

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