IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65766 of 2025 Arising Out of PS. Case No.-215 Year-2024 Thana- BIRAUL District- Darbhanga ====================================================== 1. Suraj Yadav S/O Sri Maheshwar Yadav R/O Village- Paghari, P.S.- Biraul, District- Darbhanga 2. Maheshwar Yadav S/O Late Shiv Yadav R/O Village- Paghari, P.S.- Biraul, District- Darbhanga 3. Ganesh Yadav S/O Late Shiv Yadav R/O Village- Paghari, P.S.- Biraul, District- Darbhanga 4. Binod Yadav S/O Late Yogendra Yadav @ Yogi Yadav R/O Village- Paghari, P.S.- Biraul, District- Darbhanga 5. Dinesh Yadav S/O Late Shiv Yadav R/O Village- Paghari, P.S.- Biraul, District- Darbhanga 6. Manoj Yadav S/O Sri Ganesh Yadav R/O Village- Paghari, P.S.- Biraul, District- Darbhanga 7. Mahakant Yadav S/O Late Ram Yadav R/O Village- Paghari, P.S.- Biraul, District- Darbhanga 8. Kundan Yadav S/O Sri Maheshwar Yadav R/O Village- Paghari, P.S.- Biraul, District- Darbhanga 9. Buchchi Yadav S/O Late Santan Yadav R/O Village- Paghari, P.S.- Biraul, District- Darbhanga ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Maruth Nath Roy, Adv. For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 17-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend arrest in connection with Biraul P.S. Case No. 215 of 2024 dated 03.06.2024, registered for the offence punishable under Sections 341, 323, 324, 307, Patna High Court CR. MISC. No.65766 of 2025(2) dt.17-09-2025 2/3 504 and 506/34 of the Indian Penal Code. 3. The prosecution case, in short, is that petitioner no. 1 tried to commit rape with the wife of informant’s nephew. On protest, all the accused petitioners abused and assaulted the informant with lathi, khanti and iron rod. 4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that for the same occurrence, an F.I.R. has been lodged by the petitioners’ side bearing Birual P.S. Case No. 213 of 2024 on 02.06.2024 against the informant and other persons. Thereafter, the informant lodged an F.I.R. on 03.06.2024 against the petitioners’ and others. It is submitted that there is no specific allegation against the petitioners, rather, the allegation against the petitioners are general and omnibus. From perusal of the impugned order, it reveals that the doctor has found abrasion over the middle of the frontal skull of the injured Ganga Yadav. The doctor has also found injury on injured persons Digambar Yadav, Ram Prakash Yadadv and Asharfi Yadav. It is further submitted that all the injuries are said to be simple in nature. Lastly, it has been submitted that the petitioners have no criminal antecedents. 5. Learned A.P.P. has opposed the prayer for bail of Patna High Court CR. MISC. No.65766 of 2025(2) dt.17-09-2025 3/3 the petitioners. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Biraul P.S. Case No. 215 of 2024, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Biraul, Darbhanga, subject to condition as laid down under Section 438(2) of the Cr.P.C.. prabhat/- (Khatim Reza, J) U T