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2025 DAILYLAW 12880 (PAT)

Brahmdeo Yadav @ Brahmdeo Prasad Yadav v. The State of Bihar

CR. MISC./8848/2025 · 2025-03-06

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8848 of 2025 Arising Out of PS. Case No.-864 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== 1. Brahmdeo Yadav @ Brahmdeo Prasad Yadav S/o Late Jageshwar Yadav R/o vill - Godhiyari, ward no. 4, Sahugarh 1, P.O. and P.S. - Madhepura, Distt.- Madhepura 2. Mukul Kumar S/o Brahmdeo Yadav R/o vill - Godhiyari, ward no. 4, Sahugarh 1, P.O. and P.S. - Madhepura, Distt.- Madhepura 3. Rahul Kumar S/o Brahmdeo Yadav R/o vill - Godhiyari, ward no. 4, Sahugarh 1, P.O. and P.S. - Madhepura, Distt.- Madhepura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Pankaj Kumar Sinha, Advocate For the State : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 06-03-2025 Heard learned counsels for the parties. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 115(2), 126(2), 351(2), 352, 109, 117(2) and 303(2) of the B.N.S.. 3. As per prosecution case, it is alleged that all the accused persons named in the F.I.R., including these petitioners, variously armed with lathi, danda, fattha and country made pistol, entered into house of informant and assaulted informant and her family members as a result of which, three persons sustained injuries. 4. It is submitted by learned counsel appearing on Patna High Court CR. MISC. No.8848 of 2025(2) dt.06-03-2025 2/2 behalf of the petitioners that petitioners are innocent and have committed no offence. Allegation of assault is general and omnibus and there is no specific accusation of overt act against these petitioners. There is case and counter-case between the parties. Injuries allegedly caused by these petitioners are simple in nature. 5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. with specific accusation that they, along with other accused persons, assaulted informant and her family members. It is further submitted that Petitioner Nos. 1 and 3 have got four criminal antecedents and Petitioner No. 2 has got six criminal antecedents. 6. Considering the aforesaid facts and circumstances, nature of accusation and criminal antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is rejected. shashank/- (Prabhat Kumar Singh, J) U T