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2025 DAILYLAW 4598 (PAT)

Pradeep Kumar @ Sono Kumar v. The State of Bihar

CR. MISC./74651/2025 · 2026-03-19

Anshuman

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74651 of 2025 Arising Out of PS. Case No.-353 Year-2025 Thana- BODHGAYA District- Gaya ====================================================== 1. Pradeep Kumar @ Sono Kumar Son of Dhananjay Kumar Resident of village- Kazrailli, Ps- Bodhgaya, dist- Gaya 2. Raja Kumar Son of shambhu Yadav Resident of village- Kazrailli, Ps- Bodhgaya, dist- Gaya 3. Shambhu yadav son of Ganauri Yadav Resident of village- Kazrailli, Ps- Bodhgaya, dist- Gaya 4. Ranjit Kumar Son of shiv yadav Resident of village- Kazrailli, Ps- Bodhgaya, dist- Gaya 5. Shiv Yadav Son of Late Bhuneshwar yadav Resident of village- Kazrailli, Ps- Bodhgaya, dist- Gaya 6. Kamdeo Yadav Son of Ram Briksh yadav Resident of village- Kazrailli, Ps- Bodhgaya, dist- Gaya 7. Dhananjay Yadav son of Ganauri Yadav Resident of village- Kazrailli, Ps- Bodhgaya, dist- Gaya 8. Sadhu Yadav son of Late Bhuneshwar Yadav Resident of village- Kazrailli, Ps- Bodhgaya, dist- Gaya 9. Santosh Kumar son of shiv Yadav Resident of village- Kazrailli, Ps- Bodhgaya, dist- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aryan Singh, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 3 19-03-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners are apprehending arrest in connection with Bodhgaya P.S. Case No. 353 of 2025 lodged on 19.05.2025, for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 352, 351(2), 351(3) of Patna High Court CR. MISC. No.74651 of 2025(3) dt.19-03-2026 2/3 the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution, FIR has been lodged against 20 named accused persons including the present petitioners. It has been alleged in the FIR that all the accused persons armed with lathi, danda, iron rod entered in the house of the informant and assaulted them due to which series of persons were injured and thereafter, admitted to the hospital. After treatment, the present FIR has been lodged. 4. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. Counsel submits that from the contents of the FIR, it become crystal clear that the alleged scuffling took place on 13.05.2025, but the present FIR has been lodged on 19.05.2025. Counsel submits that the present FIR has been filed by the informant’s side with a view to save the skin from the case filed by the petitioners’ side bearing Bodhgaya P.S. Case No. 337 of 2025 alleged for the same date and place of occurrence. Counsel further submits that the petitioner’s side filed case on 15.05.2025 and when the informant’s side received information about the said case, then with a view to defend, they have filed case on 19.05.2025. Counsel submits that the petitioners have one criminal antecedent and the petitioners’ side and the Patna High Court CR. MISC. No.74651 of 2025(3) dt.19-03-2026 3/3 informant’s side are resident of the same village. Counsel submits that as per the FIR lodged from the petitioners’ side, it is clear that on 13.05.2025, the marriage was going on in which the informant’s side have assaulted the barati members, due to which scuffling took place. 5. Learned APP for the State opposes the prayer for bail of the petitioners but fairly submits that from the record, it transpires that for the same date and place of occurrence, scuffling took place from both the sides. 6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Chief Judicial Magistrate, Gaya, in connection with Bodhgaya P.S. Case No. 353 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023. Divyansh/- (Dr. Anshuman, J) U T