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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71872 of 2025 Arising Out of PS. Case No.-411 Year-2024 Thana- BIHIA District- Bhojpur ======================================================
1. Gajadhar Yadav S/o Late Devan Yadav R/o village- Ghagha, P.s.- Bihiya, Distt.- Bhojpur
2. Kamata Yadav S/o Gajadhar Yadav R/o village- Ghagha, P.s.- Bihiya, Distt.- Bhojpur
3. Birendra Yadav S/o Gajadhar Yadav R/o village- Ghagha, P.s.- Bihiya, Distt.- Bhojpur
4. Satendra Yadav S/o Gajadhar Yadav R/o village- Ghagha, P.s.- Bihiya, Distt.- Bhojpur
5. Sonu Kumar S/o Raju Yadav R/o village- Ghagha, P.s.- Bihiya, Distt.- Bhojpur
6. Daya Yadav S/o Late Krishna Yadav R/o village- Ghagha, P.s.- Bihiya, Distt.- Bhojpur
7. Manish Yadav @ Manish Kumar S/o Ramesh Yadav R/o village- Dhadhua, P.s- Ara Muffasil, Distt.- Bhojpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ganesh Prasad Singh, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, A.P.P. For the Informant : Ms. Malti Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 13-10-2025 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application with regard to petitioner nos. 3 & 5 as they have already been arrested during pendency of the case. 2. Permission is granted. 3. This anticipatory bail application with regard to above named petitioner nos. 3 & 5 is, accordingly, dismissed as
Patna High Court CR. MISC. No.71872 of 2025(2) dt.13-10-2025 2/3 withdrawn. 4. Heard learned counsel for the petitioners and the State. 5. Petitioner nos. 1, 2, 4, 6 & 7 apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 351(2), 303(2), 324(4), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. 6. As per prosecution case, on 27.12.2024 at about 6 PM, these petitioners assaulted informant and his son by means of lathi, iron rod and pistol as a result of which both of them sustained injuries. 7. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. On account of land dispute, free fight took place between the parties in which both sides sustained injuries. Case and counter case. Allegation of assault is general and omnibus and there is no specific allegation of overt act against these petitioners. 8.
Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application. 9. Considering the nature of accusation and other facts and circumstances of the case, this anticipatory bail is allowed
Patna High Court CR. MISC. No.71872 of 2025(2) dt.13-10-2025 3/3 and it is ordered that let the above named petitioner nos. 1, 2, 4, 6 & 7 in the event of their arrest/surrender before the court below within a period of eight weeks from today, 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 Judicial Magistrate, 1st Class, Bhojpur at Ara in connection with Bihiyan P. S. Case No. 411 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T