IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89478 of 2024 Arising Out of PS. Case No.-286 Year-2023 Thana- SIMRI BAKHTIYARPUR District- Saharsa ====================================================== 1. Khushilal Yadav Son of Janak Yadav Resident of Village- Bhatpura, Ward No. 5, P.S.- Simri Bakhtiyarpur and District- Saharsa 2. Dilwar Kumar Son of Khushilal Yadav Resident of Village- Bhatpura, Ward No. 5, P.S.- Simri Bakhtiyarpur and District- Saharsa 3. Daulat Yadav Son of Janak Yadav Resident of Village- Bhatpura, Ward No. 5, P.S.- Simri Bakhtiyarpur and District- Saharsa 4. Ratan Yadav Son of Janak Yadav Resident of Village- Bhatpura, Ward No. 5, P.S.- Simri Bakhtiyarpur and District- Saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s : Mr. Nityanand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 08-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend arrest in connection with Simri Bakhtiyarpur P.S. Case No. 286 of 2023 dated 27.05.2023 instituted for the offence punishable under Sections 341, 323, 324, 307, 354, 379,504, 506/34 of the Indian Penal Code. 3. The prosecution case, in short, is that on the alleged date of occurrence, the petitioners along with other accused persons armed with weapon, came at the house of the informant and started assaulting with rod. It is alleged that co-accused Patna High Court CR. MISC. No.89478 of 2024(2) dt.08-01-2025 2/3 Rakesh Ranjan @ Buddhilal assaulted on the head of the informant by means of rod and farsa. Allegation against the petitioner no. 1 is that he assaulted on the head of informant’s grandfather by means of farsa. Allegation against petitioner no. 4 is that he assaulted the uncle of the informant by means of lathi- danda. Allegation against petitioner nos. 2 & 3 is that they caught the hair of informant’s mother and assaulted her by fists and kick. They also disrobed her. It is also alleged that co-accused Rakesh Ranjan @ Buddhilal Yadav assaulted the father of the informant by means of rod. Co-accused Sonu is alleged to have taken away Rs. 10,000/- and jewellery from the shop and house of the informant. 4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that as per the allegation against the petitioner no. 1, he assaulted Vimaldev Yadav, but the injury sustained by him is simple in nature. Allegation against the petitioner no. 4 is that he assaulted English Kumar. English Kumar sustained injury in his right hand having swelling caused by hard and blunt substances and the nature of injury is mentioned as grievous. Learned counsel for the petitioners further submits that there is case and counter case between the parties. Counter case bearing Simri Bakhtiyarpur P.S. Case No. 287 of 2023 has been Patna High Court CR. MISC. No.89478 of 2024(2) dt.08-01-2025 3/3 lodged by petitioner no. 3 against the informant’s side. Learned counsel for the petitioners also submits that a compromise petition as Annexure-4 has also been filed by the parties before the learned Chief Judicial Magistrate, Saharsa. Lastly, it has been submitted that petitioners have no criminal antecedents. 5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of 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 Simri Bakhtiyarpur P.S. Case No. 286 of 2023, they will be released on 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 Chief Judicial Magistrate at Saharsa, subject to condition as laid down under Section 438(2) of the Cr.P.C. premchand/- (Khatim Reza, J) U T