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2025 DAILYLAW 69508 (PAT)

Siyaram Yadav @ Dharmraj Yadav @ Siyaram Singh v. The State of Bihar

CR. MISC./60170/2025 · 2025-09-16

Satyavrat Verma

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60170 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- TEYAR District- Bhojpur ====================================================== 1. Siyaram Yadav @ Dharmraj Yadav @ Siyaram Singh S/o Sumeshwar Singh @ Sumeshwar Yadav R/o Village- Uttardaha, P.S - Tiyar, District - Bhojpur (Ara) 2. Kamal Yadav S/o Sumeshwar Singh @ Sumeshwar Yadav R/o Village- Uttardaha, P.S - Tiyar, District - Bhojpur (Ara) 3. Devilal Mahto @ Devilal Singh S/o Ameer Singh @ Amera Mahto @ Bhikhari Mahto R/o Village- Uttardaha, P.S - Tiyar, District - Bhojpur (Ara) 4. Ameer Sngh @ Amera Mahto @ Bhikhari Mahto S/o Late Harimangal Singh R/o Village- Uttardaha, P.S - Tiyar, District - Bhojpur (Ara) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Gupta For the Opposite Party/s : Ms. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 16-09-2025 1. Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 352, 351(2), 303(2), 116B, 110, 3(5) of the B.N.S. 3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent. It is next submitted that from perusal of the fard-bayan, it would manifest that the case was instituted under various provisions of BNS Patna High Court CR. MISC. No.60170 of 2025(2) dt.16-09-2025 2/3 including Section 109 of the BNS, but then in the FIR, it appears that Section 109 of the BNS, inadvertently could not be recorded for which defects were pointed out by the office, but then, the same was removed. It is next submitted that informant alleges that on account of dispute relating to drainage the accused persons including the petitioners assaulted the informant and his family members by lathi, danda, rod and khanti. 4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that on account of dispute relating to drainage an altercation had taken place in which both sides assaulted each other. It is also submitted that from perusal of the allegation as alleged in the FIR, it would manifest that allegation of assault is not specific and petitioners are not criminals. 5. Learned A.P.P. opposes the anticipatory bail application. 6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on Patna High Court CR. MISC. No.60170 of 2025(2) dt.16-09-2025 3/3 anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Tiyar P. S. Case No.34 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C. 7. The application stands allowed. vikash/- (Satyavrat Verma, J) U T