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2026 DAILYLAW 40167 (PAT)

Pintu Yadav v. The State of Bihar

CR. MISC./77365/2025 · 2026-02-11

Chandra Shekhar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77365 of 2025 Arising Out of PS. Case No.-106 Year-2025 Thana- ARIYARI District- Sheikhpura ====================================================== 1. Pintu Yadav S/o Kishori Yadav R/o vill - Mai Amarpur, P.S.- Ariyari, Distt.- Sheikhpura 2. Mato Yadav @ Mantu Yadav S/o Kishori Yadav R/o vill - Mai Amarpur, P.S.- Ariyari, Distt.- Sheikhpura 3. Pulesh Yadav @ Dharmraj Yadav S/o Kishori Yadav R/o vill - Mai Amarpur, P.S.- Ariyari, Distt.- Sheikhpura 4. Kishori Yadav S/o Late Chotu Yadav R/o vill - Mai Amarpur, P.S.- Ariyari, Distt.- Sheikhpura 5. Manohar Yadav S/o Radhey Yadav R/o vill - Mai Amarpur, P.S.- Ariyari, Distt.- Sheikhpura 6. Nibha Kumari W/o Pintu Yadav R/o vill - Mai Amarpur, P.S.- Ariyari, Distt.- Sheikhpura 7. Vipin Kumar @ Bipin Kumar Yadav S/o Manohar Yadav R/o vill - Mai Amarpur, P.S.- Ariyari, Distt.- Sheikhpura 8. Om Prakash Yadav S/o Radhey Yadav @ Radheshyam Yadav R/o vill - Mai Amarpur, P.S.- Ariyari, Distt.- Sheikhpura 9. Subhash Yadav S/o Radhey Yadav @ Radheyshyam Yadav R/o vill - Mai Amarpur, P.S.- Ariyari, Distt.- Sheikhpura 10. Chunchun Kumar S/o Manohar Yadav R/o vill - Mai Amarpur, P.S.- Ariyari, Distt.- Sheikhpura 11. Radhey Yadav S/o Late Chotu Yadav R/o vill - Mai Amarpur, P.S.- Ariyari, Distt.- Sheikhpura ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Dinkar Kumar, Advocate For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 4 11-02-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. At the outset, it is submitted by learned counsel for the petitioners that prayer of anticipatory bail qua petitioner Patna High Court CR. MISC. No.77365 of 2025(4) dt.11-02-2026 2/4 nos. 1 and 4 has already infructuous upon their arrest, therefore, same was withdrawn, which was also observed in order no. 2 dated 25.11.2025. 3. In view of aforesaid, now the present anticipatory bail petition survives only against petitioner nos. 2, 3 and 5 to 11 respectively. 4. The accused-petitioners, named in the F.I.R., are apprehending their arrest in connection with Ariyari P.S. Case No. 106 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109, 303(2), 352 of the Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’). 5. The allegation against the petitioners is to assault the informant and others by using lathi, iron rod etc. with intention to cause their death and also to snatch golden earring worth Rs. 50,000/- and golden chain of Rs. 80,000/- during course of alleged occurrence. It is alleged that alleged occurrence arising out of local neighbourhood dispute and differences. 6. Learned counsel appearing on behalf of the Patna High Court CR. MISC. No.77365 of 2025(4) dt.11-02-2026 3/4 petitioners submitted that occurrence was free-fight in nature, where both parties received injuries. It is further submitted that for the same set of occurrence, petitioners’ side also lodged a case which was lodged as Ariyari P.S. Case No. 108/2025. It is submitted that allegation of physical assault is appearing very much general and omnibus and, moreover, injury as alleged to be caused by these petitioners, upon medical examination, found simple in nature negating prima facie intention to cause death. 7. Explaining criminal antecedent of the petitioners, it is submitted that petitioner no. 2 found involved in two more criminal cases; petitioner no. 3 found involved in one more criminal case and petitioner no. 5 found involved in one more criminal case, in which they are on bail and rest of the remaining petitioners are men of clean antecedent. 8. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 9. In view of the aforesaid factual submissions and by taking note of the fact as allegation qua physical assault is very much general and omnibus in nature, coupled with the Patna High Court CR. MISC. No.77365 of 2025(4) dt.11-02-2026 4/4 fact that injury as alleged to be caused by the petitioners during course of occurrence, upon medical examination, found simple in nature negating prima facie intention to cause death on its face, accordingly, above-named nine petitioners, in the event of their arrest/surrender within a period of four weeks from this order, are directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Sheikhpura/concerned court in connection with Ariyari P.S. Case No. 106 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”). Rajeev/- (Chandra Shekhar Jha, J) U T