Brahmadev Yadav @ Dharmdev Kumar@ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10870 of 2025 Arising Out of PS. Case No.-238 Year-2024 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== 1.

Brahmadev Yadav @ Dharmdev Kumar@ Dharmendra Kumar S/O Late Ramchandra Yadav R/O Village - Kushadhi, P.S - Magadh Medical, District - Gaya.

2.

Dhananjay Yadav @ Dhanjay Yadav S/O Late Ramchandra Yadav R/O Village - Kushadhi, P.S - Magadh Medical, District - Gaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvnendra Kumar Thakur For the Opposite Party/s :

Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-03-2025 Heard the learned counsel for the petitioners and learned counsel for the State Sri Jharkhandi Upadhyay.

2. The petitioners apprehend their arrest in connection with Magadh Medical P.S. Case No. 238 of 2024 registered for offences under Sections 126(2), 115, 110, 117, 303(2), 352, 351(2), 3(5) of the BNS.

3. As per the prosecution case, the petitioners are accused of assaulting the informant and his family members due to which they sustained injury.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.10870 of 2025(2) dt.28-03-2025 2/3 petitioners are quite innocent and have not committed any offence.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. From perusal of the materials available on record, it appears that the petitioner no. 1 is not the assailant of the victim. Petitioner no. 02 has caused grievous injury upon the victim.

7. Considering the facts and circumstances of the case, this application for anticipatory bail filed on behalf of petitioner no. 01 is allowed.

8. Accordingly, let the petitioner no. 01, above-named, in the event of his arrest or surrender within four weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 1st, Gaya/concerned court below in connection with Magadh Medical P.S. Case No.238 of 2024.

9. So far as petitioner no. 02 is concerned, considering the allegations levelled against him, I am not inclined to grant anticipatory bail to the petitioner no. 02.

10. Accordingly, the prayer for anticipatory bail on behalf of petitioner no. 2 is hereby rejected.

Patna High Court CR. MISC. No.10870 of 2025(2) dt.28-03-2025 3/3

11. This application for anticipatory bail is partly allowed.

(Sandeep Kumar, J) Shishir/- U