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Patna High CourtCR. MISC./10708/2026disposed

Kanhaiya Yadav @ Kanhai Yadav v. The State Of Bihar

2026-02-23Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10708 of 2026 Arising Out of PS. Case No.-151 Year-2025 Thana- GHOSWARI District- Patna ====================================================== 1.

Kanhaiya Yadav @ Kanhai Yadav S/o Upendra Yadav R/o Village- Jagir Tola Tartar, P.S- Ghoshwari, Dist- Patna.

2.

Hareram Yadav S/o Upendra Yadav R/o Village- Jagir Tola Tartar, P.SGhoshwari, Dist- Patna. 3.

Bhuneshwar Yadav @ Bhuneshwar Prasad S/o Kameshwar Yadav R/o Village- Jagir Tola Tartar, P.S- Ghoshwari, Dist- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-02-2026 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

2. At the outset, it is submitted by learned counsel for the petitioners that during pendency of this case, petitioner no. 1, namely, Kanhaiya Yadav @ Kanhai Yadav has already been arrested, as such, present anticipatory bail application of petitioner no. 1 has become infructuous.

3. Accordingly, the prayer of anticipatory bail application of petitioner no. 1, namely, Kanhaiya Yadav @ Kanhai Yadav stands dismissed as withdrawn having become infructuous.

4. Now, this application survives only for petitioner nos.

Patna High Court CR. MISC. No.10708 of 2026(2) dt.23-02-2026 2/3 2 and 3, namely, Hareram Yadav and Bhuneshwar Yadav @ Bhuneshwar Prasad.

5. The accused/petitioners apprehending their arrest in connection with Ghoshwari P.S. Case No. 151 of 2025 registered for the offences punishable under Sections 126(2), 127(2), 115(2), 109(1), 303(2), 352, 351(2), 3(5) of Bhartiya Nayay Sanhita Act (341, 342, 307, 379, 506, 504/34 of the IPC).

6. The petitioners alongwith other co-accused persons alleged to assault informant by using lathi, rod, brick plates etc. causing head and bodily injuries, where occurrence is alleged due to monetary disputes arising out of loan of Rs. 50,000/-.

7. It is submitted by learned counsel appearing on behalf of the petitioners that before present occurrence, a case was lodged by wife of co-accused Guddu Yadav, which was registered as Ghoshwari P.S. Case No. 150/2025 and in retaliation of that criminal case, the present false case was lodged. It is submitted that Guddu Yadav is in custody and these petitioners appear implicated only being the agnate of Guddu Yadav, who are facing general and omnibus allegation for physical assault. Petitioners claimed clean antecedent.

8. Learned APP opposed the prayer of bail.

9. In view of aforesaid factual submissions and by

Patna High Court CR. MISC. No.10708 of 2026(2) dt.23-02-2026 3/3 taking note of fact as allegation qua physical assault is appearing very much general and omnibus against petitioners, who are of clean antecedent, accordingly, all above named petitioners, in the event of their arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Barh, Patna/concerned Court, where the case is pending in connection with Ghoshwari P.S. Case No. 151 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J) veena/- U T