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Patna High CourtCR. MISC./13030/2026partly allowed disposal

Gore Yadav @ Gorelal Yadav @ Gorelal Prasad v. The State Of Bihar

2026-02-25Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13030 of 2026 Arising Out of PS. Case No.-554 Year-2025 Thana- RAJAOLI District- Nawada ====================================================== 1.

Gore Yadav @ Gorelal Yadav @ Gorelal Prasad S/o Late Gaurishankar Yadav @ Gaurishankar Prasad R/o vill - Lakshmi Bigha, P.S.- Rajauli, Distt.- Nawada 2.

Vikash Yadav @ Vikash Kumar S/o Rajendra Yadav R/o vill - Lakshmi Bigha, P.S.- Rajauli, Distt.- Nawada 3.

Rahul Kumar S/o Manoj Yadav R/o vill - Lakshmi Bigha, P.S.- Rajauli, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP For the Informant :

Mr. Ram Prawesh Kumar, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 25-02-2026 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 352, 351(2), 303(2), 109, 3(5) of the B.N.S.

3. The allegation in the First Information Report is that the petitioners along with other co-accused persons have assaulted the informant and her family members.

4. Learned counsel for the petitioners submits that general and omnibus allegation in the nature of hurling abuses and assaulting the informant has been levelled against the

Patna High Court CR. MISC. No.13030 of 2026(2) dt.25-02-2026 2/3 petitioners. There is specific allegation against petitioner no.3 Rahul Kumar and co-accused Mukesh Yadav of assaulting the informant's husband with sickle causing head injury. So far as petitioner nos.1 and 2 are concerned, there are general and omnibus allegations levelled against them. Additionally, it has been submitted that the present case is counter blast of earlier Rajauli P.S. Case No.40 of 2024 instituted by the son of the petitioner no.1 against the informant and her family members. Further, similarly situated co-accused have been granted bail by this Court vide order dated 28.01.2026 in Cr. Misc. No. 3109 of 2026.

5. Learned APP for the State and learned counsel for the informant opposed the prayer for anticipatory bail on the ground that injured has sustained grievous injury and the same would be evident from the bail rejection order also.

6. Taking into consideration the facts and circumstances and considering the general and omnibus nature of allegation against petitioner nos. 1 and 2 and since similarly situated co-accused have been granted bail by this Court by aforesaid order dated 28.01.2026, let the above named petitioner nos. 1 and 2, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four

Patna High Court CR. MISC. No.13030 of 2026(2) dt.25-02-2026 3/3 weeks from today, on 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 Court below where the case is pending/successor Court in connection with Rajauli P.S. Case No. 554 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

7. So far as prayer for petitioner no.3 Rahul Kumar is concerned, there is specific allegation of assault leading to grievous injury, I am not inclined to grant bail to petitioner no.3 and the application is rejected.

8. However, in case the petitioner no.3 surrenders and seeks regular bail within a period of three weeks before the learned Court below, the same shall be considered on its own merit without being prejudiced by the present order of withdrawal, preferably on the same day.

(Soni Shrivastava, J) Harsh/- U T