IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61000 of 2025 Arising Out of PS. Case No.-33 Year-2025 Thana- KHUTAUNA District- Madhubani ====================================================== Kari Yadav @ Santosh Yadav S/o- Rameshwar Yadav @ Negra @ Rameshwar Yadav Negra Village- Jhanjhapatti Doman, PS- Khutauna, District- Madhubani ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jitendra Kumar Bharti For the Opposite Party/s : Mrs.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 10-09-2025 1. Heard the parties. 2. The petitioner apprehends his arrest in connection with Khutauna P.S. Case No. 33 / 2025 dated 16.03.2025 registered under Sections 329(3), 329(4), 126(2), 115(2), 191(2), 191(3), 190, 109(1), 118(1), 103 of the B.N.S. 3. According to the F.I.R. on 14.03.2025 at about 10:00 A.M. the co-accused / Rajeev Kumar Yadav and Ram Dayal Yadav asked for D.J. Set for celebrating Holi festival from the informant but he refused to give D.J. Set as playing D.J. was banned by the administration due to which all the F.I.R. named accused persons including this petitioner assaulted the informant and his father by means of iron rod, ‘lathi’ and ‘tengari’. The co- accused / Rajeev Yadav assaulted the father of the informant on Patna High Court CR. MISC. No.61000 of 2025(2) dt.10-09-2025 2/3 his head by means of iron rod who during the course of treatment succumbed to injuries. 4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence in the manner alleged. He further submits that from bare perusal of the F.I.R. it is apparent that petitioner is not the assailant of the deceased. Specific allegation of assault is attributed to Rajeev Yadav who assaulted the informant’s father by means of iron rod causing head injury which proved fatal for his life. The petitioner has clean antecedent. He next submits that similarly situated co-accused / Rishab Raj @ Asheshwar Yadav @ Rishiv Raj @ Ashesar Yadav has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 18.08.2025 passed in Cr. Misc. No. 53877 of 2025. 5. On the other hand, learned counsel for the informant opposed the prayer for anticipatory bail and submits that all the accused persons with a pre-meditated mind arrived at the place of occurrence and assaulted the father of the informant due to which he died. 6. Regard being had to the submission made by the parties, taking into consideration the fact that specific accusation of assault upon the father of the informant is against the Patna High Court CR. MISC. No.61000 of 2025(2) dt.10-09-2025 3/3 co-accused / Rajeev Yadav and similarly situated co-accused has been extended the privilege of anticipatory bail by a Co-ordinate Bench of this Court, as such, I am inclined to grant anticipatory bail to the petitioner. 7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Mr. S. Rahman, Judicial Magistrate-1st Class, Jhanjharpur, District Madhubani in connection with Khutauna P.S. Case No. 33 of 2025 corresponding to G.R. Sl. No.- 445 / 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023. praful/- (Anil Kumar Sinha, J) U T