This order grants anticipatory bail to the petitioner facing charges under various sections of the IPC for assault and theft. The court directed surrender within six weeks and furnishing of bail bonds with sureties.
Grant of anticipatory bail on surrender within six weeks subject to bail bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2001 of 2023
Arising Out of PS. Case No.-519 Year-2022 Thana- KAHALGAON District- Bhagalpur
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NITISH KUMAR YADAV @ NITESH KUMAR YADAV SON OF NIRAJ YADAV @ NIRANJAN KUMAR YADAV R/O VILLAGE- RANIPUR, P.S.KAHALGAON, DISTRICT- BHAGALPUR
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan No.Ii For the Opposite Party/s : Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 23-05-2023
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 379, 506 and 34 of the Indian Penal Code.
The informant alleges that on 06.06.2022 at 11:00 pm while he was going to his in-laws place on a motorcycle when near village Lagma, four named accused persons intercepted and assaulted him with lathi, danda and rod injuring his wrist, it is next alleged that the informant, thereafter, leaving his motorcycle, ran to his in-laws place and when he returned back with his in-laws, he found his motorcycle missing and even the accused persons were not present in their house.
Patna High Court CR. MISC. No.2001 of 2023(2) dt.23-05-2023 2/3
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from tenure of the allegations as alleged in the FIR, it would manifest that the accused persons and the informant were known to each other, it is further submitted that it absolutely does not stand to reason that as to why the petitioner would have assaulted the informant when he had come to his village for meeting his in-laws, it is further submitted that there is no specific allegation of assault against the petitioner, it is next submitted that since the in-laws of the informant are having dispute with the petitioner and other accused persons, as such, they came to be falsely implicated by the informant, it is further submitted that even the FIR was not instituted on the date of occurrence.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.2001 of 2023(2) dt.23-05-2023 3/3
anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kahalgaon P.S. Case No. 519 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
HarshPandey/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in a case involving offences under Sections 341, 323, 325, 379, 506 and 34 of the Indian Penal Code.
1 provisions across 1 enactments
Nitish Kumar Yadav @ Nitesh Kumar Yadav
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
