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2025 DAILYLAW 75733 (PAT)

Aashish Yadav v. The State of Bihar

CR. MISC./65909/2025 · 2025-09-18

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65909 of 2025 Arising Out of PS. Case No.-413 Year-2024 Thana- TEKARI District- Gaya ====================================================== 1. Aashish Yadav Son of Late Guru Chandra Yadav @ Late Gurucharan Yadav Resident of Village - Makhpa, P.S.- Tekari, District - Gaya. 2. Sunder Yadav @ Sundar Kumar Son of Aashish Yadav Resident of Village - Makhpa, P.S.- Tekari, District - Gaya. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Arvind Kumar Singh, Advocate For the State : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 18-09-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 127(1), 127(2), 115(2), 109, 74, 303(2), 351(2), 351(3), 118(1), 117(2) and 3(5) of the B.N.S.. 3. As per prosecution case, on 12.10.2024 at about 6 PM, all the F.I.R. named accused persons, including these petitioners, armed with lathi, danda and iron rod, entered the house of informant and assaulted husband of informant. It is further alleged that during course of scuffle, the accused persons snatched Jitiya and Mangalsutra from the informant. Patna High Court CR. MISC. No.65909 of 2025(2) dt.18-09-2025 2/3 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, on account of petty dispute over path way, maar-peet took place in which both sides sustained injuries. There is case and counter-case. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Rest of the allegations are ornamental in order to make the case grave. Petitioners claim clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners 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 learned A.C.J.M.-VI, Gaya in connection with Tekari P.S. Case No. 413 of 2024, subject to Patna High Court CR. MISC. No.65909 of 2025(2) dt.18-09-2025 3/3 condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T