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Patna High CourtCR. MISC./20177/2025bail granted

Nunulal Yadav v. The State Of Bihar

2025-04-21Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20177 of 2025 Arising Out of PS. Case No.-165 Year-2024 Thana- Mufassil District- Khagaria ====================================================== 1.

Nunulal Yadav S/o- Liro Yadav Resident of Village- Chamman Tola, Ward No. 15 Police Station- Muffasil District- Khagaria 2.

Manjesh Kumar @ Manish Kumar S/o- Nunulal Yadav Resident of VillageChamman Tola, Ward No. 15 Police Station- Muffasil District- Khagaria 3.

Sanjesh Kumar S/o- Nunulal Yadav Resident of Village- Chamman Tola, Ward No. 15 Police Station- Muffasil District- Khagaria 4.

Pandav Yadav S/o- Domi Yadav Resident of Village- Chamman Tola, Ward No. 15 Police Station- Muffasil District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Shashank Shekhar, Advocate For the State :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-04-2025 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 127(2), 115(2), 109, 303(2), 74, 308(3), 352, 351(2), 351(3) and 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. As per prosecution case, it is alleged that on 19.11.2024 at about 8 AM, while informant, along with her husband, was ploughing her field, in the meantime, all these accused petitioner, armed with weapons, arrived there and

Patna High Court CR. MISC. No.20177 of 2025(2) dt.21-04-2025 2/3 assaulted informant and her husband and also demanded Rangdari. It is further alleged that on the instigation of Petitioner No. 1, Petitioner No. 2 fired from his pistol but the same did not hit anyone.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, both parties are Gotiyas and co-sharer of land an due to land dispute, this false and concocted case has been lodged. The present F.I.R. has been lodged after inordinate delay of 5 days and there is no plausible explanation for the same. It is further submitted that though these petitioners are alleged to have assaulted informant and her husband but there is no injury report on record to substantiate the allegations levelled against these petitioners. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within

Patna High Court CR. MISC. No.20177 of 2025(2) dt.21-04-2025 3/3 a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Muffasil P.S. Case No. 165 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T