Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.502 of 2025 Arising Out of PS. Case No.-241 Year-2024 Thana- ARA MUFFSIL District- Bhojpur ======================================================
1. Amarjeet Yadav S/O Chaneshwar Yadav R/O Chotki Sanadiya, P.S- Ara Mufassil, Distt.- Bhojpur. 2. Manu Yadav S/O Chaneshwar Yadav R/O Chotki Sanadiya, P.S- Ara Mufassil, Distt.- Bhojpur. 3. Vikash Yadav S/O Chaneshwar Yadav R/O Chotki Sanadiya, P.S- Ara Mufassil, Distt.- Bhojpur. 4. Sonu Yadav S/O Chaneshwar Yadav R/O Chotki Sanadiya, P.S- Ara Mufassil, Distt.- Bhojpur. 5. Pinki Devi D/O Chaneshwar Yadav R/O Chotki Sanadiya, P.S- Ara Mufassil, Distt.- Bhojpur. 6. Karmi Devi W/O Chaneshwar Yadav R/O Chotki Sanadiya, P.S- Ara Mufassil, Distt.- Bhojpur. 7. Chneshwar Yadav S/O Late Bala Yadav R/O Chotki Sanadiya, P.S- Ara Mufassil, Distt.- Bhojpur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shiv Prasad Gupta For the Opposite Party/s : Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 10-02-2025
1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application for grant of anticipatory bail arises out of Ara Mufassil Police Station Case No. 241 of 2024, dated 06.11.2024, disclosing offences under Sections 191(2)/191(3)/190/126(2)/115(2)/118(1)/117(2)74/303(2) 329(4)/352 of the Bhartiya Nyaya Sanhita, 2023. Patna High Court CR. MISC. No.502 of 2025(2) dt.10-02-2025 2/4
3. The prosecution case, as per the First Information Report, is that on 19.08.2024, at about 4PM, the petitioners, variously armed with lathi, farsa, dab, came at the home of the informant abusing, with intention to kill and outrage her modesty, and asked as to why she purchased he-goat meant for Goddess sacrifice, when the informant protested, the petitioners pushed her on the ground and started assaulting her by lathi, due to which both of her hands got fractured and when the villagers and other persons reached there, the petitioners also assaulted them by lathi, farsa, dab, due to which they were severely injured. 4. Learned Counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Both the parties are next door agnates and the dispute arose over drainage. He further submits that there is inordinate delay in lodging the present First Information Report inasmuch as the occurrence has taken place on 19.08.2024 and the First Information Report has been lodged on 28.08.2024.
He further submits that there is general and omnibus allegation of assault against the petitioners. He further submits that though the injured
Patna High Court CR. MISC. No.502 of 2025(2) dt.10-02-2025 3/4 Sunita Devi and Birendra Mahto have sustained grievous injuries, but the injuries are not on vital part of their bodies. 5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner nos. 5, 6 and 7 are ladies, I am inclined to grant the petitioner nos. 5, 6 and 7 privilege of anticipatory bail. 6. This application, so far as petitioner nos. 5, 6 and 7 are concerned, is, accordingly, allowed. 7. Let the petitioner nos. 5, 6 and 7, above named, in the event of their arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, at Ara, in connection with Ara Muffasil Police Station Case No. 241 of 2024, subject to the condition laid down under Section 483 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 8. However, taking into consideration the fact that the the informant as well as one Birendra Mahto, have sustained
Patna High Court CR. MISC. No.502 of 2025(2) dt.10-02-2025 4/4 grievous injuries, I am not inclined to grant the petitioner nos. 1 to 4 privilege of anticipatory bail. 9. This application, so far as petitioner nos. 1 to 4 are concerned, is dismissed. 10. However, if the petitioner nos. 1 to 4 surrender before the concerned Court and seek regular bail, the same may be considered by the concerned Court on its own merit without being prejudiced by the rejection of the present anticipatory bail application of the petitioner no. 1 to 4 by this Court. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √