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2025 DAILYLAW 29110 (PAT)

Kanahiya Yadav @ Kanhai Yadav v. The State of Bihar

CR. MISC./20649/2025 · 2025-04-23

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20649 of 2025 Arising Out of PS. Case No.-364 Year-2023 Thana- KOTWA District- East Champaran ====================================================== 1. Kanahiya Yadav @ Kanhai Yadav S/o- Yogi Rai Village- Chitariya Ps- Kotwa Dist- East Champaran 2. Kamlesh Kumar S/o- Jokhan Rai Village- Chitariya Ps- Kotwa Dist- East Champaran 3. Bhunath Yadav @ Bhutnath Yadav S/o- Bhutan Rai Village- Chitariya Ps- Kotwa Dist- East Champaran 4. Mahesh Yadav S/o- Jokhan Rai Village- Chitariya Ps- Kotwa Dist- East Champaran 5. Dharmendra Yadav S/o- Bharmdeo Rai Village- Chitariya Ps- Kotwa Dist- East Champaran ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioners : Mr.Abhishek Kumar, Advocate For the Opposite Party : Mr.Nand Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 23-04-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 341, 323, 324, 308, 379, 504, 506/34 of the Indian Penal Code. 3. As per the prosecution case, on 7.10.2023 at about 06.20 PM in the evening, petitioners and other co-accused persons, who are neighbours of the informant, started creating ruckus in drunken state which was protested by the informant. Thereafter, accused persons abused and assaulted the informant with Lathi, Danda and Iron Rod. Petitioners no. 1 assaulted Patna High Court CR. MISC. No.20649 of 2025(2) dt.23-04-2025 2/3 informant with iron rod on his head as a result of which blood started oozing out and he fell down on the ground. Family members who came in rescue, were also assaulted by these accused persons. They also snatched gold jewellery of aunt of the informant and snatched cash Rs. 1700/- from the pocket of brother of the informant. Accused persons brandished country made pistol and threatened the informant and his family members. 4. It is submitted on behalf of the petitioners that petitioners have falsely been implicated in this case. Parties are neighbourers and due to dispute regarding pathway, simple marpit took place between them in which both sides sustained injuries. There is case and counter case. Petitioners claim clean antecedent. 5. Learned counsel for the State opposes the prayer for bail. 6. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, 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 Chief Judicial Patna High Court CR. MISC. No.20649 of 2025(2) dt.23-04-2025 3/3 Magistrate, Motihari, East Champaran in Kotwa Police Station Case No. 364 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. Shashi (Prabhat Kumar Singh, J) U T