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2025 DAILYLAW 9389 (PAT)

Harendra Yadav v. The State of Bihar

CR. MISC./6655/2025 · 2025-03-03

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6655 of 2025 Arising Out of PS. Case No.-302 Year-2024 Thana- PHULWARIYA District- Gopalganj ====================================================== 1. Harendra Yadav S/o- Dukhi Yadav R/o- Ghotnaha, Ps- Phulwariya Dist- Gopalganj 2. Lalbabu Yadav S/o- Late Keshwar Yadav R/o- Ghotnaha, Ps- Phulwariya Dist- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Deepankar Raj, Advocate For the State : Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 03-03-2025 Heard learned counsels for the parties. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 115(2), 109(1), 352, 132, 262, 263, 121(1) and 121(2) of the B.N.S. and Section 45 of the Bihar Prohibition and Excise Amendment Act. 3. As per prosecution case, while informant, along with other police officials, was on patrolling duty, he received secret information that some accused persons are at village Ghotnaha. It is alleged that when they reached there, all the F.I.R. named accused persons, including these petitioners, attacked upon the police party with rod, lathi and danda as a Patna High Court CR. MISC. No.6655 of 2025(2) dt.03-03-2025 2/2 result of which, informant sustained two head injuries while Chhotelal Chaudhary received head injrury and Prince Kumar sustained shoulder injury. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have committed no offence. Petitioner has falsely been implicated in this case merely on suspicion. Petitioners claim clean antecedents. 5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. and there is specific and direct accusation that all the accused persons named in the F.I.R., including these petitioners attacked upon informant and police party as a result of which several police personnel sustained injuries. 6. Considering the aforesaid facts and circumstances and nature of accusation, the prayer for grant of anticipatory bail to the petitioners is rejected. shashank/- (Prabhat Kumar Singh, J) U T