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2025 DAILYLAW 50423 (PAT)

Saheb Kumar @ Saheb Yadav v. The State of Bihar

CR. MISC./37274/2025 · 2025-09-03

Partha Sarthy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37274 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- RANIYATALAB District- Patna ====================================================== 1. Saheb Kumar @ Saheb Yadav S/O Jagdish Yadav R/O Village- Berar Tola, PS- Rani Talab, District- Patna 2. Manoj Kumar S/O Lal Bahadur Yadav @ Bahadur Yadav R/O Village- Berar Tola, PS- Rani Talab, District- Patna 3. Shobh Narayan Kumar @ Shobh Narayan Yadav @ Shomnarayan Yadav S/O Jagdish Yadav R/O Village- Berar Tola, PS- Rani Talab, District- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 3 03-09-2025 1. Heard learned counsel for the parties. 2. The petitioners in this application pray for grant of anticipatory bail apprehending their arrest in connection with Raniya Talab P.S. Case no. 50 of 2025 registered for the offence punishable under sections 126(2), 115(2), 117(2), 109, 303(2), 352, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution case, seven named accused persons including the three petitioners herein are said to have assaulted and abused the informant and others. On the informant protesting, it is stated that Lal Bahadur Yadav struck the informant with an iron rod on his head while Manoj Kumar Patna High Court CR. MISC. No.37274 of 2025(3) dt.03-09-2025 2/3 struck with a khanti on the nephew of the informant. Further Arun Yadav is said to have assaulted the informant’s son with a lathi. 4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. There is case and counter case between the parties. So far as petitioner nos. 1 and 3 are concerned, the allegations are general and omnibus in nature. 5. The application for bail is opposed by learned APP for the State. 6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner no.2 of having assaulted the nephew of the informant with a khanti, the Court is not inclined to enlarge the petitioner no.2 Manoj Kumar on anticipatory bail and the application in so far as petitioner no.2 Manoj Kumar is concerned is rejected. 7. The petitioner no.2 is directed to surrender in the learned Court below within a period of four weeks. 8. In the facts and circumstances of the case, the allegations being general and omnibus in nature, the petitioner no.1 Saheb Kumar @ Saheb Yadav and petitioner no.3 Shobha Narayan Kumar @ Shobh Narayan Yadav @ Shomnarayan Patna High Court CR. MISC. No.37274 of 2025(3) dt.03-09-2025 3/3 Yadav in the event of their arrest or surrender before the learned Court below within a period of four weeks, are diected to be released on anticipatory bail in connection with Raniya Talab P.S. Case no. 50 of 2025 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Danapur, Patna. Bibhash (Partha Sarthy, J) U T