Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 54086 (PAT)

Jai Prakash Kumar v. The State of Bihar

CR. MISC./40688/2025 · 2025-07-16

Anil Kumar Sinha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40688 of 2025 Arising Out of PS. Case No.-88 Year-2025 Thana- MAJHAULIA District- West Champaran ====================================================== 1. Jai Prakash Kumar S/O Ramashankar Yadav R/O Village- Rampurwa Ward No. 2, P.S- Majhaulia, Distt.- West Champaran. 2. Akshaylal Yadav @ Achchelal Yadav S/O Vigu Yadav R/O Village- Rampurwa Ward No. 2, P.S- Majhaulia, Distt.- West Champaran. 3. Motilal Yadav S/O Vigu Yadav R/O Village- Rampurwa Ward No. 2, P.S- Majhaulia, Distt.- West Champaran. 4. Mantosh Yadav @ Pannalal Yadav @ Mantosh S/O Ramashankar Yadav R/O Village- Rampurwa Ward No. 2, P.S- Majhaulia, Distt.- West Champaran. 5. Manejar Yadav S/O Late Bachu Yadav R/O Village- Rampurwa Ward No. 2, P.S- Majhaulia, Distt.- West Champaran. 6. Vijay Yadav @ Vikrama Yadav S/O Late Banarashi Yadav R/O Village- Rampurwa Ward No. 2, P.S- Majhaulia, Distt.- West Champaran. 7. Kailash Yadav S/O Late Banarshi Yadav R/O Village- Rampurwa Ward No. 2, P.S- Majhaulia, Distt.- West Champaran. 8. Shivshankar Yadav S/O Late Banarshi Yadav R/O Village- Rampurwa Ward No. 2, P.S- Majhaulia, Distt.- West Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajeet Kumar Bhardwaj For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 16-07-2025 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 Majhaulia Police Station Case No. 88 of 2025, dated 04.02.2025, disclosing offences under Sections 115(2)/118(1)/118(2)/109(1)/352/3(5) of the Bhartiya Patna High Court CR. MISC. No.40688 of 2025(2) dt.16-07-2025 2/3 Nyaya Sanhita. 3. The prosecution case, as per the First Information Report, is that on 03.02.2024, at about 08:00 AM, due previous land dispute, the petitioners, along with other accused persons, arrived at the door of the informant and started abusing. When protested, the accused persons assaulted the informant and his family members due to which they sustained injuries. 4. Learned counsel for the petitioners submits that there is land dispute between the parties and allegation against the petitioners is general and omnibus in nature. He next submits that counter case, bearing Majaulia Police Station Case No. 87 of 2025, has also been lodged by the side of the petitioners against the informant and others, which is prior in time to the present First Information Report. Referring to the impugned order, learned counsel for the petitioner submits that grievous injuries sustained by the victims are on non-vital part of the body. He further pointed out that lacerated wound over left middle finger has been opined as grievous injury. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is Patna High Court CR. MISC. No.40688 of 2025(2) dt.16-07-2025 3/3 land dispute between the parties, case and counter case is also there and allegation against the petitioners is general and omnibus 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 Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Majhaulia Police Station Case No. 88 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