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2026 DAILYLAW 14449 (PAT)

Mukesh Yadav v. The State of Bihar

CR. MISC./549/2026 · 2026-05-11

Satyavrat Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.549 of 2026 Arising Out of PS. Case No.-698 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== 1. Mukesh Yadav S/O Vasudeo Yadav R/O Village- Balthar, Parsauni, P.S.- Barachatti, Mohanpur, Dist.- Gaya 2. Akhilesh Yadav S/O Vasudeo Yadav R/O Village- Balthar, Parsauni, P.S.- Barachatti, Mohanpur, Dist.- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar For the Opposite Party/s : Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 4 11-05-2026 1. Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 326, 307, 354(A), 325, 34 of the Indian Penal Code. 3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 08.08.2022 at 7.00 P.M., she was going to attend nature’s call, when Rakesh came and caught her from behind, on alarm, her father came when Rakesh fled after assaulting him on his nose. Thereafter, 14 named accused persons including the petitioners came and Rewat assaulted her uncle Shankar by garasa causing injury on head and ear, thereafter Rajo, Ganauri, Mukesh Patna High Court CR. MISC. No.549 of 2026(4) dt.11-05-2026 2/3 and Akhilesh assaulted her grandmother by khanti and rod causing injury on head and hand while Rubi assaulted her mother by fasuli causing injury on head. 4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that date of occurrence is 08.08.2022 and the FIR came to be instituted on 10.08.2022 i.e. after a delay of two days which casts an aspersion on the case of the prosecution. It is also submitted that from perusal of the allegations as alleged in the FIR, it would manifest that informant alleges that she had gone to attend nature’s call when she was intercepted by Rakesh who caught her from behind and on alarm, her father came when he fled after assaulting her father on nose and thereafter, it is alleged that 14 named accused persons including the petitioners came and petitioners along with Rajo and Rajo and Ganauri are alleged to have assaulted the grandmother of the informant causing injury but then allegation of assault is not specific and three injuries suffered by the grandmother of the informant has been opined to be simple in nature but then one injury has been opined to be grievous which is on hand, a non-vital part of the body. 5. Learned A.P.P. opposes the anticipatory bail application and submits that specific allegation of assaulting the Patna High Court CR. MISC. No.549 of 2026(4) dt.11-05-2026 3/3 grandmother of the informant is against the petitioners along with Rajo and Ganauri by khanti and rod. It is further submitted that grandmother of the informant suffered four injuries, no doubt, three injuries have been opined to be simple but then one injury is opined to be grievous. It is also submitted that allegation is of assaulting an old lady by khanti and rod is against the petitioners also. It is further submitted that it absolutely defies all logic, wisdom and reasonable human behaviour that side of the petitioners instead of reprimanding Rakesh for behaving inappropriately with the informant, sided with him and assaulted the side of the informant including an old woman which amply demonstrates their character. 6. Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of anticipatory bail to the petitioners. 7. The prayer of the petitioners for anticipatory bail stands rejected. vikash/- (Satyavrat Verma, J) U T