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2025 DAILYLAW 97142 (PAT)

Surendra Yadav v. The State of Bihar

CR. MISC./66870/2025 · 2025-09-23

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66870 of 2025 Arising Out of PS. Case No.-218 Year-2025 Thana- BIHIA District- Bhojpur ====================================================== 1. Surendra Yadav S/o- Panchan Yadav Village- Samardah Ps- Bihiyan Dist- Bhojpur 2. Bishwanath Yadav S/o- Panchan Yadav Village- Samardah Ps- Bihiyan Dist- Bhojpur 3. Jaylal Yadav S/o- Panchan Yadav Village- Samardah Ps- Bihiyan Dist- Bhojpur 4. Mantu Yadav @ Mantu Kumar S/o- Surendra Yadav Village- Samardah Ps- Bihiyan Dist- Bhojpur 5. Pintu Yadav @ Pintu Kumar S/o- Surendra Yadav Village- Samardah Ps- Bihiyan Dist- Bhojpur 6. Guddu Yadav @ Guddu Kumar S/o- Surendra Yadav Village- Samardah Ps- Bihiyan Dist- Bhojpur 7. Vijendra Yadav @ Vijendra Kumar S/o- Bishwanath Yadav Village- Samardah Ps- Bihiyan Dist- Bhojpur 8. Chalu Yadav @ Chalu Kumar @ Chalu Kumar Yadav S/o- Hirai Yadav Village- Samardah Ps- Bihiyan Dist- Bhojpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s : Mr. Madhura Nand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 23-09-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109(1), 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita. 3. As per prosecution case, on 13.06.2025 at about 5 Patna High Court CR. MISC. No.66870 of 2025(2) dt.23-09-2025 2/3 PM, all the F.I.R. named accused persons, including these petitioners, abused and assaulted informant and his companion by means of lathi, danda. 4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Allegation of assault is general and omnibus and there is no specific allegation of overt act against these petitioners. Case and counter case. Injuries sustained by the injured are simple in nature. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the nature of accusation, injuries and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged 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 Judicial Magistrate, 1st Class, Bhojpur at Ara in connection with Bihiyan P. S. Case No. 218 of 2025, subject to condition as laid down under Section 482(2) Patna High Court CR. MISC. No.66870 of 2025(2) dt.23-09-2025 3/3 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T