Kamlesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13711 of 2025 Arising Out of PS. Case No.-61 Year-2024 Thana- DOBHI District- Gaya ====================================================== Kamlesh Yadav, Son of Late Devan Yadav, Village- Shivratipur, P.S. -Dobhi Dist -Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 14902 of 2025 Arising Out of PS. Case No.-61 Year-2024 Thana- DOBHI District- Gaya ====================================================== 1.
Santosh Yadav @ Santosh Kumar Yadav @ Santosh Kumar, Son of Late Devan Yadav, Village -Shivaratipur, P.S.- Dobhi Dist -Gaya 2.
Raj Kumar Yadav, Son of Late Devan Yadav, Village -Shivaratipur P.S.- Dobhi, Dist.-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 13711 of 2025) For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP (In CRIMINAL MISCELLANEOUS No. 14902 of 2025) For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-04-2025 As both the Criminal Miscellaneous Petitions have arisen out of the same P.S. Case, hence, they are being decided by a common order.
2. Heard Mr. Vijay Kumar, learned counsel for the Petitioners, Mr. Shailendra Kumar and Mr. Md. Fahimuddin, learned APPs for the State.
3. The petitioners apprehend their arrest in connection
Patna High Court CR. MISC. No.13711 of 2025(2) dt.02-04-2025 2/3 with Dobhi P.S. Case No. 61 of 2024 dated 02.05.2024 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 354, 379, 504 and 506 read with Section 34 of the Indian Penal Code.
4. The main submissions advanced by learned counsel for the petitioners are that altogether seven persons including the petitioners have been named in the FIR, the main allegation is against the petitioner Santosh Yadav and the allegation concerned to the other petitioners is general and omnibus, in the present matter, the informant is said to be the main injured whose injury report's copy has been filed as Annexure-P2 which shows that he sustained only three injuries out of them, one was found on his right parietal region which is not attributed to the petitioner Kamlesh Yadav and Raj Kumar Yadav. It is further submitted that all the petitioners have fair and clean antecedent and the instant matter is counter blast of Dobhi P.S. Case No. 45 of 2024 lodged by the wife of petitioner Santosh Yadav against the prosecution party and there is an inordinate delay of seven days in lodging the FIR of the present matter.
5. Learned APPs for the State have opposed the prayer for bail of the petitioners.
6. Considering the nature of allegation appearing
Patna High Court CR. MISC. No.13711 of 2025(2) dt.02-04-2025 3/3 against the petitioner Kamlesh Yadav and Raj Kumar Yadav as well as their fair and clean antecedent, this Court is inclined to grant them the relief of anticipatory bail. Accordingly, let the petitioners named-above, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Dobhi P.S. Case No. 61 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
7. So far as the prayer of the petitioner Santosh Yadav is concerned as against him there is specific allegation of having assaulted at the vital part of the body of the informant by means of an iron rod and the same gets corroboration from the injury report of the informant, in my opinion, he does not deserve to the relief of anticipatory bail. Accordingly, his prayer stands rejected.
(Shailendra Singh, J) maynaz/- U T