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2025 DAILYLAW 60489 (PAT)

Dhuri Yadav v. The State of Bihar

CR. MISC./50374/2025 · 2025-08-19

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50374 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- SANHAULA District- Bhagalpur ====================================================== 1. Dhuri Yadav S/o Late Bhumeshwar Yadav R/o Village- Disarath, P.S.- Sanhaula, District-Bhagalpur 2. Bhola Yadav S/o Late Sukhdev Yadav R/o Village- Pakariya, P.S.-Sanokhar, District-Bhagalpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ambrish Kr Jha, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 19-08-2025 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application with regard to petitioner no. 1 as he has already been arrested during pendency of the case. 2. Permission is granted. 3. This anticipatory bail application with regard to petitioner no. 1 is, accordingly, dismissed as withdrawn. 4. Heard learned counsel for the petitioner and the State. 5. Petitioner no. 2 apprehends arrest in a case registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 118(1), 110, 303(2), 352 of the Bharatiya Patna High Court CR. MISC. No.50374 of 2025(2) dt.19-08-2025 2/3 Nyaya Sanhita. 6. Prosecution case, in brief, is that on 08.02.2025 at about 1 PM, all the F.I.R. named accused persons, including this petitioner, came at the house of informant and started dismantling the toilet cistern by means of khanti and hammer. On protest, the accused persons assaulted informant and her husband. It is further alleged that the accused persons also snatched gold earrings of the informant and took Rs. 5,000/- from her husband’s pocket. 7. Learned counsel for the petitioner submits that both parties are pattidars and due to land dispute, an altercation took place in which both sides sustained injuries. Case and counter case. Allegation of assault is general and omnibus. Petitioner claims clean antecedent. 8. Learned A.P.P. for the State vehemently opposed the bail application. 9. Considering the general and omnibus allegation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner no. 2 in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand) with two sureties of the like Patna High Court CR. MISC. No.50374 of 2025(2) dt.19-08-2025 3/3 amount each to the satisfaction of Judicial Magistrate, 1st Class, Bhagalpur in connection with Sanhaula P. S. Case No. 36 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T