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2025 DAILYLAW 40966 (PAT)

Devlal Yadav v. The State of Bihar

CR. MISC./31479/2025 · 2025-05-21

Harish Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31479 of 2025 Arising Out of PS. Case No.-124 Year-2024 Thana- Manikpur P.S District- Arwal ====================================================== 1. Devlal Yadav, S/O Late Rajaram Yadav, R/O Village- Koni, P.S- Manikpur, Distt.- Arwal. 2. Chandani @ Chando Devi @ Chandi Devi, W/O Subhash Yadav, R/O Village- Koni, P.S- Manikpur, Distt.- Arwal. 3. Subhash Yadav, S/O Devlal Yadav, R/O Village- Koni, P.S- Manikpur, Distt.- Arwal. 4. Punam Kumari, D/O Devlal Yadav, R/O Village- Koni, P.S- Manikpur, Distt.- Arwal. 5. Krishna Yadav, S/O Barhu Yadav, R/O Village- Koni, P.S- Manikpur, Distt.- Arwal. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Paras Nath, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 21-05-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners apprehend their arrest in connection with Manikpur P.S. Case No. 124 of 2024, registered for the offences punishable under Sections 115(2), 127(1), 110, 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita. 3. Allegedly while the informant was sitting at his door, in the mean while all the FIR named accused persons Patna High Court CR. MISC. No.31479 of 2025(2) dt.21-05-2025 2/3 including the petitioners came there and started abusing. On protest being made, co-accused Rajendra Yadav assaulted him with iron rod. When the brothers of the informant came there to his rescue, the co-accused Mithilesh Kumar and petitioner no. 3 also assaulted them with gharasi and khanti, due to which they have also sustained injury. There is further allegation against petitioner no. 4 of assaulting the mother of the informant with lathi. 4. Learned Advocate appearing on behalf of the petitioners submitted that in fact on account of a trifle, both the parties have entered into a scuffle, due to which some of the persons sustained injuries. There is a counter version of the present case being Manikpur P.S. Case No. 26 of 2024 filed by the petitioner no. 1 against the informant and others. The family members of the petitioners have also sustained injury, however, the prosecution has failed to explain the injuries sustained to them. It is further contended that so far the injuries sustained to the informant and his brothers are concerned, the same are found to be simple in nature. In support of the aforesaid contention, the injury report is marked as Annexure P/3. The petitioners are persons of fair antecedent and they undertake before this Court that they will fully cooperate in the proceeding Patna High Court CR. MISC. No.31479 of 2025(2) dt.21-05-2025 3/3 of the Court. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application. 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 Chief Judicial Magistrate, Arwal in connection with Manikpur P.S. Case No. 124 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