IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40444 of 2025 Arising Out of PS. Case No.-92 Year-2025 Thana- MUFFASIL District- Aurangabad ====================================================== Prem Yadav S/o Late Janardhan Yadav Vill.- Pachrukhiya, P.S.- Aurangabad Mufassil, Distt.- Aurangabad (Bihar) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aman Vishal, Adv. For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 4 03-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner seeks bail in connection with Aurangabad Mufassil P.S. Case No. 92 of 2025 dated 16.03.2025 registered for the offence punishable under Sections 126(2), 115(2), 352, 351(2), 109(1), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that altogether 15 accused persons arrived and assaulted the informant and his family members with lathi and gadasa. Specific allegation against the petitioner is of giving gadasa blow on the head of the son of the informant. 4. Learned Counsel for the petitioner submits that Patna High Court CR. MISC. No.40444 of 2025(4) dt.03-09-2025 2/3 the petitioner is innocent and has been falsely implicated in this case. It is submitted that there is case and counter case between the parties. Counter case has been lodged by co- accused, namely, Damodar Yadav in the present case. It is submitted that petitioner’s side co-accused Guddu Kumar has also received grievous injury. It is further submitted that there is specific allegation against the petitioner that he assaulted with gadasa on the head of the informant’s son but the injury report doesn’t corroborate the allegation against the petitioner. The doctor has opined that in first injury report there were three injuries (i). lacerated wound right forehead 3cmx2cmx1cm (ii). Lacerated wound left forehead 3cmx2cmx1cm (iii). Lacerated wound below left eye 4cmx2xmx1cm, which are caused by hard and blunt substance. It is submitted that all the injuries are said to be simple in nature. It is further submitted that in second injury report it is mentioned that NCCT shows fracture of both nasal bone with nasal hematoma and on the basis of NCCT brain report, final injury report was given as grievous in nature caused by hard and blunt substance. Further, it is submitted that there is no mention about the sharp cut Patna High Court CR. MISC. No.40444 of 2025(4) dt.03-09-2025 3/3 weapon used in the said assault. It is also submitted that other co-accused persons have already been granted anticipatory bail vide order dated 25.07.2025 passed in Criminal Miscellaneous No. 40869 of 2025. Lastly, it has been submitted that the petitioner is in custody since 08.05.2025, having no criminal antecedent and charge-sheet has been submitted in the case. 5. Learned A.P.P for the State opposes the prayer for bail of the petitioner. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Aurangabad Mufassil P.S. Case No. 92 of 2025. prabhat/- (Khatim Reza, J) U T