IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16459 of 2025 Arising Out of PS. Case No.-42 Year-2024 Thana- THAKRAHA District- West Champaran ====================================================== 1. Rahul Yadav, Son of Shambhu Yadav, Resident of Village - Bhatahwa, Police Station - Thakraha, District - West Champaran 2. Angad Yadav @ Angad Kumar, Son of Sunar Yadav, Resident of Village - Shahpur, P.S. - Vishunpur, District - Kushi Nagar (Uttar Pradesh) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 13-05-2025 Heard Mr. R.S. Sahay, learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. The informant is represented through Mr. Anand Kishore Choudhary, learned Advocate 2. The petitioners apprehend their arrest in connection with Thakraha P.S. Case No. 42 of 2024, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Allegedly on the fateful day while the son of the informant was going on a Bolero car for gauna, in the mean while the baraat of the daughter of Shambhu Yadav had come and an orchestra programme was going on the road, due to Patna High Court CR. MISC. No.16459 of 2025(3) dt.13-05-2025 2/3 which congestion has been made, leading to scuffle between the parties. It is specifically alleged that petitioner no. 1 caught hold the son of the informant from back and petitioner no. 2 stabbed his son twice on his stomach on the exhortation made by co- accused Meena Devi. There is allegation of snatching valuables also. 4. Learned Advocate appearing on behalf of the petitioners contended that in fact on account of a trifle, both the parties have entered into a scuffle, leading to lodging of case and counter case being Thakraha P.S. Case No. 44 of 2024 instituted against the informant and other family members. The incidence took place on 11.07.2024, for which the present FIR came to be lodged on 12.07.2024. The entire prosecution case falls to the ground for the simple reason that the injury report suggest that the injured has sustained two abrasion which is caused by hard and pointed substance. Moreover, the nature of injury is said to be simple. The petitioners are men of fair antecedent and they undertake before this Court that they will fully cooperate in the proceeding. 5. On the other hand, learned Advocate for the State and the learned Advocate for the informant opposed the pre- arrest bail application and submitted that the injury report corroborated at least to the extent that the son of the informant Patna High Court CR. MISC. No.16459 of 2025(3) dt.13-05-2025 3/3 has sustained two injuries caused by petitioner no. 2 and moreover, both the petitioners have actively participated in the crime. 6. Regard being had to the submissions made on behalf of the parties and considering the factum of case and counter case, coupled with the simple nature of injury and the fair antecedent, let the petitioners above named be released on bail, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bagaha, West Champaran in connection with Thakraha P.S. Case No. 42 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T