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2025 DAILYLAW 6987 (PAT)

Saroj Yadav @ Saroj Prasad Yadav v. The State of Bihar

CR. MISC./86101/2025 · 2026-07-14

Partha Sarthy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86101 of 2025 Arising Out of PS. Case No.-257 Year-2024 Thana- NEMDARGANJ District- Nawada ====================================================== Saroj Yadav @ Saroj Prasad Yadav S/o Saukhi Yadav R/o Asama, P.S.- Nemdarganj, Dist.- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. Amresh Kumar Sinha, Advocate Mr. Amresh Kumar Sinha, Advocate For the State : Mr. Jharkhandi Upadhyay, APP For the Informant : Mr. Vibhuti Ranjan Sonvadra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 5 14-07-2026 Heard learned counsel for the parties. 2. The petitioner has preferred this application for grant of regular bail in connection with Nemdarganj P.S. Case no. 257 of 2024 registered under sections 191(2), 191(3), 191, 126(2), 115(2), 109, 352 and 103(1) of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution case, the petitioner along with two other persons are said to have come variously armed with lathi, danda, khanti, etc and having abused and assaulted Patna High Court CR. MISC. No.86101 of 2025(5) dt.14-07-2026 2/3 the father-in-law of the informant. It is further stated that the petitioner assaulted the father-in-law of the informant with a khanti on his head as a result of which he fell down. 4. Learned Senior counsel appearing for the petitioner submits that the father-in-law of the informant died 47 days after the occurrence. It is submitted that there is no repetition of blow. The post-mortem report does not support the prosecution case as levelled in the FIR. The petitioner is in custody since 19.5.2025 and undertakes to cooperate in the investigation/trial. 5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that there is direct allegation against the petitioner of having assaulted the father-in-law of the informant with a khanti on the head and a corresponding injury has been found. The injured father-in-law died in course of treatment. Trial has commenced in the learned Court below. Learned counsel for the informant further submits that the non-official witnesses will be produced and examined without any delay. 6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR and the contents of the post-mortem report, the Court is Patna High Court CR. MISC. No.86101 of 2025(5) dt.14-07-2026 3/3 not inclined to enlarge the petitioner on bail and the application is rejected. 7. Learned trial Court is directed to expedite the trial. sauravkrsinha/- (Partha Sarthy, J) U T