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2025 DAILYLAW 45837 (PAT)

Shivbachan Yadav v. The State of Bihar

CR. MISC./33784/2025 · 2025-05-27

Smt Soni Shrivastava

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33784 of 2025 Arising Out of PS. Case No.-73 Year-2025 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1. Shivbachan Yadav Son of Late Chokat Yadav Village- Khajuri Purab Tola, Ward No 02, P.S.- Kuchaikote, District- Gopalganj 2. Sumit Yadav Son of Jyotish Yadav Village- Khajuri Purab Tola, Ward No 02, P.S.- Kuchaikote, District- Gopalganj 3. Ravikant Yadav Son of shivbachan Yadav Village- Khajuri Purab Tola, Ward No 02, P.S.- Kuchaikote, District- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Indrajeet Bhushan, Adv. For the State : Mr. Arun Kumar, APP. ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 27-05-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in a case registered for the offences punishable u/s 126(2)/ 115(2)/ 118(1)/ 109(1)/ 352(2)/ 351/ 3(5) of the BNS, 2023. 3. A perusal of the FIR would go to show that on 23.02.2025, the accused persons of this case including the petitioners surrounded the informant’s family and started abusing them. When the son of the informant objected to the same, petitioner no.1 caught him from behind and ordered to inflict knife injury whereupon petitioner nos. 2 & 3 along with Patna High Court CR. MISC. No.33784 of 2025(2) dt.27-05-2025 2/3 co-accused Arjun Yadav gave knife blow on the abdomen of the informant’s son due to which he sustained cut injuries and started bleeding. 4. Learned counsel for the petitioners submits that as a matter of fact, few days prior to the alleged occurrence, there was a free fight among the children of both the families during play for which a Panchayati was convened between the parties and the matter was settled. It is further submitted that at the night of 23.02.2025, the son of the informant, who was in a drunken state, was abusing and misbehaving with the villagers whereafter some villagers had manhandled with him due to which he sustained injuries. It is next submitted that only on account of a previous dispute between the parties, the present petitioners have been made an accused in the case. The instant FIR was instituted after a lapse of about 14 hours upon due thought and deliberation. Further, it has also been brought to notice of the Court that as against the allegation of knife blow given by three persons including two petitioners on the abdomen of the injured, the injury report, which has been annexed as Annexure-P2 to the present petition, would show that there are two lacerated injuries and the nature of the injury has been opined to be grievous in nature caused by hard and Patna High Court CR. MISC. No.33784 of 2025(2) dt.27-05-2025 3/3 blunt substance. On the strength of such injury report, learned counsel for the petitioners submits that the injury report does not at all corroborate the oral allegations made against the petitioners. It is further submitted that the petitioners are in custody since 25.02.2025 and charge sheet has also been submitted in the present case. 5. Learned APP for the State opposes the prayer for bail. 6. Considering the above-mentioned facts and circumstances, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kuchaikot P.S. Case No. 73 of 2025. divyanshi/- (Soni Shrivastava, J) U T