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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.468 of 2025 Arising Out of PS. Case No.-362 Year-2024 Thana- KATEYA District- Gopalganj ======================================================
1. Shambhu Yadav S/O Late Bhola Yadav Resident of KukurBhuka, P.S. -Kateya, District Gopalganj.
2. Shriram Yadav @ Shriram Bharose Yadav Son of Late Bhola Yadav Resident of KukurBhuka, P.S. -Kateya, District Gopalganj.
3. Priyanshu Yadav S/O Shriram Bharose Yadav Resident of KukurBhuka, P.S. -Kateya, District Gopalganj.
4. Ganga Yadav S/O Late Bhola Yadav Resident of KukurBhuka, P.S. Kateya, District Gopalganj.
5. Divyansh Yadav @ Dibyanshu Yadav S/O Shambhu Yadav Resident of KukurBhuka, P.S. Kateya, District Gopalganj. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar Singh, Advocate For the Opposite Party/s : Mr.Satya Nand Shukla, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 06-02-2025
1. Heard learned Counsel for the petitioners and learned APP for the State.
2. This application, for grant of anticipatory bail, arises out of Kateya PS case no. 362 of 2024, disclosing offences punishable under Section 126(2) and other allied sections of the B.N.S. Act.
3. The prosecution story, as per the First Information Report, is that on 17.09.2024 in the evening, while the informant was going on his motorcycle towards his home, he
Patna High Court CR. MISC. No.468 of 2025(2) dt.06-02-2025 2/3 was accosted by the petitioners and other accused persons armed with farsa, rod, dab etc in their hands. The accused persons started abusing the informant. In the meanwhile, co-accused Amresh Yadav and Amit Yadav assaulted the informant by means of farsa and dab on his head. Petitioners no. 1, 3 and 5 assaulted by iron rod and lathi and petitioners no. 2 and 4 dragged the informant to their house, confined him in a room and assaulted him with lathi, danda, fists and slaps. Accused Amresh Yadav snatched mobile phone of worth Rs. 17,000/-.
4.
Learned Counsel for the petitioners submits that petitioners have falsely been implicated in this case due to previous dispute between the parties. A counter case has been lodged by the side of the petitioners against the informant bearing Kateya PS Case No. 366 of 2024. Learned counsel further submits that co-accused persons namely Amresh Yadav and Amit Yadav have already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 08.01.2025, passed in Cr. Misc. No. 89339 of 2024. While granting bail to the co-accused Amresh Yadav and Amit Yadav, the Hon’ble Court has taken note of the injury report of the informant which shows that informant has sustained simple injury. He also
Patna High Court CR. MISC. No.468 of 2025(2) dt.06-02-2025 3/3 submits that the side of the petitioners have also sustained injuries and their injury reports have been annexed as Annexure-2 to the present petition.
5. Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that there is previous dispute between the parties, case and counter case is existing, injury caused to the informant is simple in nature and co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court, I am inclined to grant the privilege of anticipatory bail to the petitioners.
6. This application is, accordingly, allowed.
7. Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be released 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, Gopalganj in connection with Kateya PS case no. 362 of 2024, subject to the condition laid down under Section 482 of the Code of Criminal Procedure.
rinkee/- (Anil Kumar Sinha, J) U T