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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40134 of 2025 Arising Out of PS. Case No.-70 Year-2025 Thana- NIMCHAKBATHANI District- Gaya ======================================================
1. Kishori Yadav Son of Ramswarup yadav @ Ram Saroop Yadav Resident of Village- Bahorma Tola, P.S- Neemchak Bathani, Distt.- Gaya
2. Niranjan Yadav @ Niranjan Kumar Son of Vilash Yadav @ Bilash Yadav Resident of Village- Bahorma Tola, P.S- Neemchak Bathani, Distt.- Gaya
3. Munna Yadav @ Munna Kumar Son of Vilash Yadav @ Bilash Yadav Resident of Village- Bahorma Tola, P.S- Neemchak Bathani, Distt.- Gaya
4. Mantu Yadav @ Mantu Kumar Son of Vilash Yadav @ Bilash Yadav Resident of Village- Bahorma Tola, P.S- Neemchak Bathani, Distt.- Gaya
5. Nitish Munni @ Alok Kumar Son of Vilash Yadav @ Bilash Yadav Resident of Village- Bahorma Tola, P.S- Neemchak Bathani, Distt.- Gaya
6. Bandhana Devi Wife of Vilash Yadav @ Bilash Yadav Resident of Village- Bahorma Tola, P.S- Neemchak Bathani, Distt.- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aryan Singh For the Opposite Party/s : Mr. Nirmala Kumari ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 09-07-2025
1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Neemchak Bathani Police Station Case No. 70 of 2025, dated 17.03.2025, disclosing offences under Sections 126(2)/115(2)/118(1)/117(2)/303(2)/352/351(2)/3(5) of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report,
Patna High Court CR. MISC. No.40134 of 2025(2) dt.09-07-2025 2/3 is that on 16.03.2025, in the morning, due to dispute regarding drainage, the petitioners arrived at the door of the informant and started abusing him. When the informant objected, the petitioner nos. 2, 3 and 4 assaulted the informant by means of lathi, danda and khanti due to which he sustained injuries on his head and nose. When the informant’s father arrived in order to save the informant, he was also assaulted by the accused persons causing facture injury on his hand. It has further been alleged that wife of the informant was also assaulted by the accused persons.
4. Learned counsel for the petitioners submits that both the parties are neighbours and there is dispute regarding drainage between them. Referring to the impugned order,
learned counsel submits that injuries sustained by the victims are simple in nature. He next submits that the present First Information Report is counter blast of the case, bearing Neemchak Bathani Police Station Case No. 69 of 2025, lodged by the side of the petitioners against the informant and others for the occurrence which took on the same day.
5. Regards being had to the submissions made on behalf of
Patna High Court CR. MISC. No.40134 of 2025(2) dt.09-07-2025 3/3 the parties and taking into consideration the fact that both the parties are neighbours having dispute regarding drainage, case and counter-case is there and injuries caused to the victims are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Gaya, in connection with Neemchak Bathani Police Station Case No. 70 of 2025, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
ashwani/- (Anil Kumar Sinha, J) U T