Patna High Court
Naresh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Naresh Yadav was implicated in a violent incident involving assault with weapons, leading to charges under Sections 341, 342, 323, 324, 307, 354, 379, 504 and 506 of the Indian Penal Code. An earlier anticipatory bail application was rejected on 31.08.2024. The petitioner filed a second anticipatory bail application, arguing that the police investigation concluded on 15.01.2025 that he was exonerated and no trial was required. The State did not contest the police’s exoneration. Considering the police’s final report and the lack of pending trial, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties if arrested within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the police’s exoneration and the absence of a pending trial.
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 341, 342, 354, 379, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- exoneration
- bail bond
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11301 of 2026
Arising Out of PS. Case No.-18 Year-2024 Thana- LARJHAGHAT District- Samastipur
======================================================
Naresh Yadav S/o- Dayanand Yadav R/v- Belsandi W.No-11, Ps- Larjhghat
Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chitranjan Sinha, Sr. Advocate
Mr. Ranjit Kumar Yadav, Advocate
Mr. Ugnesh Kumar, Advocate
For the State : Mr. Ram Priya Sharan Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 18-03-2026 Heard learned counsel for the parties concerned.
2. The petitioner apprehend his arrest in connection with
Larjhaghat P.S. Case No. 18 of 2024, dated 13.04.2024, registered
under Sections 341, 342, 323, 324, 307, 354, 379, 504 and 506 of
the Indian Penal Code.
3. The present anticipatory bail application has been
filed by the petitioner for the second time, inasmuch as the earlier
anticipatory bail application of the petitioner was rejected by this
Court vide order dated 31.08.2024, passed in Cr. Misc. No. 54159
of 2024.
4. The prosecution case, as per the First Information
Report, is that on 12.04.2024 at about 11:00 am, some villagers
were plucking drumstick of the informant and when he objected,
Patna High Court CR. MISC. No.11301 of 2026(5) dt.18-03-2026
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co-accused Bhukhal Yadav came and started abusing him stating
that the said tree belongs to him. When the informant came back to
his home, all the accused persons including the petitioner started
assaulting him by iron rod, lathi and danda etc., due to which he
sustained head injury and blood started oozing out. When the
parents of the informant came to rescue him, they were also
assaulted.
5. Learned Senior counsel appearing for the petitioner
submits that after rejection of anticipatory bail application of the
petitioner by this court on 31.08.2024 subsequent development has
taken place, inasmuch as, the police after investigation submitted
final form on 15.01.2025 exonerating the petitioner and not
sending him for trial.
6. Learned counsel for the State does not dispute this
situation.
7. Considering the subsequent development in the
matter and the fact that the police after investigation exonerated
the petitioner and not sending him for trial, I am inclined to grant
the petitioner privilege of anticipatory bail.
8. This application is, accordingly, allowed.
9. Let the petitioner, above named, in the event of his
arrest or surrender before the learned Court below within a
period of four weeks from today, be released on bail, upon
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furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-1st, Rosera, Samastipur in
connection with Larjhaghat Case No. 18 of 2024.
(Anil Kumar Sinha, J)
Siwani/-
U T
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