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2025 DAILYLAW 4329 (PAT)

Amar yadav v. The State of Bihar

CR. MISC./57666/2025 · 2026-02-24

Satyavrat Verma

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57666 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- BHAIROGANJ District- West Champaran ====================================================== Amar Yadav Son Of Sharda Yadav R/O Village - Baithwaliya, P.S. - Bhairoganj, Dist. - West Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Milind Kumar Mishra For the Opposite Party/s : Mr.Binod Kumar Mr.Suresh Prasad Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 4 24-02-2026 1. Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the informant. 2. The petitioner seeks bail in Bhairoganj P. S. Case No.72 of 2025 registered for the offences punishable under Sections 115(2), 109, 126(2), 308(2), 191 and 190 of the B.N.S. 3. The learned counsel for the petitioner submits that the petitioner has antecedent of seven cases and is in custody since 06.06.2025 and the informant alleges that accused persons including the petitioner along with 10-12 unknown accused came while informant and her family members were constructing their hut and started assaulting by lathi indiscriminately. Further, the petitioner assaulted her husband Patna High Court CR. MISC. No.57666 of 2025(4) dt.24-02-2026 2/3 by lathi causing injury on head, thereafter Vijay assaulted her son by lathi causing injury on head while Chhote Lal assaulted Shyam Sunder by lathi causing injury on head and Tapan assaulted Sriram by lathi causing injury on head. Further, the police was informed and the police came and took the injured to the hospital. 4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is also submitted that on account of dispute relating to land, an altercation had taken place in which both sides assaulted each other. It is further submitted that though in the FIR, the informant alleges that her husband was assaulted by the petitioner by lathi causing injury on head, but then, in her statement recorded before the police has stated that this petitioner assaulted her son. It is thus submitted that the informant before the police has given a statement which is not corroborating the allegation as alleged in the FIR. It is also submitted that the injury suffered by the husband of the informant on head has been opined to be grievous in nature. 5. Learned A.P.P. opposes the bail application and submits that petitioner has antecedent of seven cases and if the privilege of regular bail is granted, the petitioner may abscond Patna High Court CR. MISC. No.57666 of 2025(4) dt.24-02-2026 3/3 or try to tamper with the evidence. 6. On query of the Court that as to whether charges have been framed against the petitioner or not, the learned counsel appearing on behalf of the petitioner fairly submits that the charges against the petitioner till date has not been framed. 7. After hearing the learned counsel for the parties, the Court is not inclined to release the petitioner on bail. 8. The prayer of the petitioner for regular bail stands rejected. 9. However, the petitioner would be at liberty to renew his prayer for bail after framing of charge. vikash/- (Satyavrat Verma, J) U T