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2025 DAILYLAW 70554 (PAT)

Pramod Yadav @ Pramod Kumar v. The State of Bihar

CR. MISC./68778/2024 · 2025-01-03

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68778 of 2024 Arising Out of PS. Case No.-778 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== 1. Pramod Yadav @ Pramod Kumar S/O Liladhari Yadav R/O Village- Bulaki Chak, P.S- Mohanpur, Distt.- Gaya (Bihar). 2. Liladhari Yadav @ Girdhari Mahton S/O Late Madhu Yadav R/O Village- Bulaki Chak, P.S- Mohanpur, Distt.- Gaya (Bihar). 3. Sanoj Yadav @ Sanoj Kumar S/O Girdhari Mahton R/O Village- Bulaki Chak, P.S- Mohanpur, Distt.- Gaya (Bihar). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 03-01-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 354, 307, 379, 325, 448/34 of the Indian Penal Code. 3. As per prosecution case, when wife of the informant was alone in the house, petitioner No. 1 tried to disrobe her and when she raised alarm, petitioner No. 2 ordered to kill her upon which, petitioner No. 3 and other F.I.R. named accused persons assaulted her with pasuli, iron rod as a result of which her hand got fractured. It is further alleged that the accused persons took away ornaments and other valuable items Patna High Court CR. MISC. No.68778 of 2024(4) dt.03-01-2025 2/2 from the house of informant. 4. Learned counsel for the petitioners submits that both parties are gotiyas and due to pre-existing dispute with regard to ancestral property, a simple altercation took place. Injury allegedly caused by these petitioners is simple in nature. Petitioners claim clean antecedent. 5. Learned APP for the State vehemently opposed the bail application. 6. Considering the nature of accusation, simple injury and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their 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) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, Sherghatti, Gaya in connection with Barachatti (Mohanpur) P. S. Case No. 778 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Navya/- (Prabhat Kumar Singh, J) U T