IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79476 of 2025 Arising Out of PS. Case No.-554 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== 1. Jitendra Kumar, Son of Mahavir Yadav, Resident of Village - Siho Guriyama, P.S.- Mohanpur, District - Gayajee. 2. Tulsi Kumar, Son of Raju Yadav, Resident of Village - Siho Guriyama, P.S.- Mohanpur, District - Gayajee. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar Singh, Adv. For the Opposite Party/s : Mr. Rajiv Nayan, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 02-12-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. 2. At the outset, learned Advocate for the petitioners seeks permission to make necessary correction in the type copy of the FIR. 3. Permission is accorded. 4. Let the same be done in course of the day. 5. The petitioners are apprehending their arrest in connection with Barachatti P.S. Case No. 554 of 2022, registered for the offences punishable under Sections 341, 323, 324, 325, 307 and 34 of the Indian Penal Code. Patna High Court CR. MISC. No.79476 of 2025(2) dt.02-12-2025 2/3 6. While the accused persons were forcibly plucking the vegetables from the field of the informant and in this way also trampling and damaging the same, and when it was objected by the informant, all the accused persons including the petitioner brutally assaulted him, due to which he sustained serious injury and got five stitches over his head, besides the accused person also inflicted iron rod in his abdomen. 7. Learned Advocate appearing on behalf of the petitioners submitted that besides the omnibus nature of allegation against all the accused persons including the petitioners, the entire prosecution case falls to the ground for the simple reason that the injury which are allegedly sustained to the informants, have been found to be simple in nature. To support the aforesaid contention, the injury report has been brought on record as Annexure P/2 to the application. The petitioners are said to have clean antecedent and they undertake before this Court that they will fully cooperate in the proceeding of the Court. It is lastly contended that there is a counter version of the present case being Barachatti P.S. Case No. 555 of 2022 lodged by the members of the petitioner’s side. 8. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits Patna High Court CR. MISC. No.79476 of 2025(2) dt.02-12-2025 3/3 that the petitioners have actively participated in the crime and brutally assaulted the informant. 9. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the simple nature of injury besides the omnibus nature of allegation of assault against all the accused persons as well as fair antecedent of the petitioners, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IInd, Sherghatti, Gayajee in connection with Barachatti P.S. Case No. 554 of 2022, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T