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2025 DAILYLAW 40798 (PAT)

Umesh Yadav v. The State of Bihar

CR. MISC./30956/2025 · 2025-05-19

Harish Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30956 of 2025 Arising Out of PS. Case No.-380 Year-2022 Thana- NAVINAGAR District- Aurangabad ====================================================== 1. Umesh Yadav S/O Bhadaie Yadav R/O Village- Sukar Bigha, P.S- Navinagar, Distt.- Aurangabad. 2. Pravesh Yadav @ Prabesh Yadav S/O Saroj Ram R/O Village- Sukar Bigha, P.S- Navinagar, Distt.- Aurangabad. 3. Pintu Kumar S/O Rampati Yadav R/O Village- Sukar Bigha, P.S- Navinagar, Distt.- Aurangabad. 4. Vikash Kumar S/O Umesh Yadav R/O Village- Sukar Bigha, P.S- Navinagar, Distt.- Aurangabad. 5. Baban Kumar S/O Umesh Yadav R/O Village- Sukar Bigha, P.S- Navinagar, Distt.- Aurangabad. 6. Sanjay Yadav S/O Late Mukhdev Yadav R/O Village- Sukar Bigha, P.S- Navinagar, Distt.- Aurangabad. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Mukul Kumari, Adv. For the Opposite Party/s : Mr. M. K. Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 19-05-2025 Heard the learned Advocate for the petitioners and the learned APP for the State. 2. The petitioners apprehend their arrest in connection with Navinagar P.S. Case No. 380 of 2022, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 506 of the Indian Penal Code. 3. There is specific allegation against the petitioners along with others is of causing severe assault to the informant Patna High Court CR. MISC. No.30956 of 2025(2) dt.19-05-2025 2/3 and others. There is further allegation of snatching of valuables. 4. Learned Advocate for the petitioners contended that in fact on account of a trifle, both the parties have entered into a free fight resulting into injuries to persons of both the sides, leading to lodging of case and counter case, bearing Navinagar P.S. Case No. 390 of 2022. It is further contended that the injuries, which have been sustained to the informant and others have been found to be simple in nature, except one injury sustained to Subodh Kumar, which has been attributed against unknown persons and moreover, the same is found to be over non vital part. It is next contended that all the petitioners have fair antecedent and now good sense prevailed between the parties and both the parties do not want to pursue the matter. 5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that in the said occurrence, three persons have sustained serious injuries and one of which is found to be grievous. 6. Regard being had to the submissions made on behalf of the parties and considering the factum of case and counter case and the nature of injuries, as also the fair antecedent of the petitioners, let the petitioner above named be released on bail, in the event of their arrest or surrender before Patna High Court CR. MISC. No.30956 of 2025(2) dt.19-05-2025 3/3 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) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-I, Aurangabad in connection with Navinagar P.S. Case No. 380 of 2022, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that (i) one of the bailors shall be the own/close family members of the petitioners (ii) if the petitioners shall found indulge in intimidating the witness or the informant, in such circumstances, they shall be at liberty to file application for cancellation of their bail. shivank/- (Harish Kumar, J) U T