Brahmdev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18739 of 2025 Arising Out of PS. Case No.-103 Year-2013 Thana- HALSI District- Lakhisarai ====================================================== Brahmdev Yadav S/o- Late Haricharan Yadav Resident of village- Durdih PSRamgarh Chowk District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mithlesh Prashad Singh For the Opposite Party/s :
Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-05-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Halsi (Ramgarh Chowk) P.S. Case No. 103 / 2013 dated 17.10.2013 registered under section 147, 148, 149, 341, 323, 379, 504, 506, 338 and 307 of the I.P.C.
3. As per the first information report on 15.10.2013 during dance programme on the eve of Durga Puja the petitioner along with five other accused persons all armed with lathi, rod and bricks came and started abusing the informant and assaulting him by means of 'khanti' and bricks due to which the informant sustained injuries and fell down on the ground.
4. Learned counsel for the petitioner submits that petitioner is 75 years old and has been made accused along with five other persons. He submits that due to quarrel between children during
Patna High Court CR. MISC. No.18739 of 2025(3) dt.16-05-2025 2/3 a cricket match the occurrence has taken place. Both the parties are resident of adjacent village and have arrived at compromise and a joint compromise petition has been filed on 23.01.2025. He next submits that charge sheet was filed under bailable sections however the learned Magistrate has taken cognizance under section 307 I.P.C. also. The petitioner was not aware about cognizance having been taken under section 307 I.P.C. and for the first time the petitioner got to know about warrant in December, 2024 and thereafter the petitioner took steps for grant of anticipatory bail. The injury sustained by the victim is simple in nature except injury on the finger / palm which has been found as grievous in nature.
5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation and the fact that there is general and omnibus allegation against the petitioner and the petitioner is 75 years old, accordingly , I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief
Patna High Court CR. MISC. No.18739 of 2025(3) dt.16-05-2025 3/3 Judicial Magistrate, Lakhisarai in connection with Halsi (Ramgarh Chowk) P.S. Case No. 103 / 2013 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J) praful/- U T