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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87119 of 2025 Arising Out of PS. Case No.-862 Year-2024 Thana- JAMUI District- Jamui ======================================================
1. Gorelal Yadav S/o Lakhan Yadav R/o Village - Theghua, PS - Jamui, District - Jamui
2. Ashok Yadav S/o Shyam Yadav R/o Village - Theghua, PS - Jamui, District - Jamui ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Dr. Ajeet Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 3 19-03-2026 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application for grant of anticipatory bail, arises out of Jamui Police Station Case No. 862 of 2024, disclosing offence under Sections 191(2), 190, 329(4), 126(2), 115(2), 117(2), 109, 352, 76 324(4) of Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, as per the First Information Report is that on 31.12.2024 at around 05:00 AM, all the accused persons including petitioners armed with sticks, rods and khanti, entered into the informant’s house and assaulted him, causing fractures of both legs. Patna High Court CR. MISC. No.87119 of 2025(3) dt.19-03-2026 2/3 Gorelal Yadav (petitioner no.1) and Ashok Yadav (petitioner no.2) were specifically alleged to have assaulted with khanti and rod, respectively, while other accused persons assaulted the family members of the informant over a dispute regarding releasing water on the road. Co-accused Lakhan Yadav and Girdhan Yadav assaulted the informant’s mother, causing head injury and outraged her modesty. Other family members were also assaulted when they intervened and also damaged the house, causing a loss of about Rs. 10,000/-. Police subsequently arrived and shifted the injured to Sadar Hospital. 4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Both the parties are agnates and the alleged incident arose due to a minor dispute regarding draining of water on the road. Nobody has sustained grievous injury on any vital part of the body. 5. Learned counsel for the State vehemently opposed the prayer for anticipatory bail and submits that there is specific allegation against the petitioners that they assaulted the informant on his leg, causing fracture. The
Patna High Court CR. MISC.
No.87119 of 2025(3) dt.19-03-2026 3/3 injury sustained by the informant is grievous in nature, affecting the mid-shaft of tibia bone. 6. Regards being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that there is specific allegation against the petitioners that they assaulted on leg of the informant Chhotu Kumar Yadav, the injury sustained by the informant is grievous in nature, affecting the mid-shaft of tibia bone, I am not inclined to grant the petitioners privilege of anticipatory bail. 7. Accordingly, the prayer for anticipatory bail is rejected. 8. However, if the petitioner surrenders before the concerned Court and seeks regular bail, the same may be considered by the concerned Court on its own merit without being prejudiced that anticipatory bail of the petitioner has been rejected by this Court. Siwani/- (Anil Kumar Sinha, J) U T