Tunha Yadav @ Tunha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25309 of 2025 Arising Out of PS. Case No.-87 Year-2024 Thana- KIUL District- Lakhisarai ====================================================== 1.
Tunha Yadav @ Tunha S/o Lukho Yadav R/village - Basmatiya, P.S - Kiul, Dist. - Lakhisarai 2.
Jayram Yadav S/o Tunha Yadav @ Tunha R/village - Basmatiya, P.S - Kiul, Dist. - Lakhisarai 3.
Karu Yadav @ Dhiraj Kumar S/o Biro Yadav @ Viro Yadav R/village - Basmatiya, P.S - Kiul, Dist. - Lakhisarai 4.
Patel Kumar @ Ravi Kumar S/o Biro Yadav @ Viro Yadav R/village - Basmatiya, P.S - Kiul, Dist. - Lakhisarai 5.
Hakim Yadav @ Hakim Kumar S/o Bale Yadav R/o Vill- Mohanpur, P.S.- Kiul, dist- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the State :
Mr. Umesh Lal Verma, A.P.P.
For the Informant :
Mr. Umesh Kumar Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-04-2025 Heard Learned Counsel for the petitioners, Learned Counsel for the informant and Learned APP for the State.
2. The petitioners are apprehending arrest in connection with Kiul P.S. Case No. 87 of 2024 lodged on 13.10.2024, for the offence punishable under Sections 126(2), 115, 109(1), 303(2), 352, 351(2), 117 and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution, FIR has been lodged against nine accused persons. The allegation against all the accused
Patna High Court CR. MISC. No.25309 of 2025(2) dt.30-04-2025 2/3 persons that they all surrounded the informant's side and assaulted on the head and left leg of Abhishek Kumar due to which, injury has been caused to him and he was admitted to hospital. The demand of Rs. 10 lakhs ransom is the subject matter of the dispute shown in the F.I.R.
4. Learned Counsel for the petitioners submits that all the petitioners are innocent. He further submits that the dispute with regard to grazing of buffaloes in the field of the parties which was stopped by the opponent for which a 'panchayati' was taken place but even after panchayati, the other parties have attacked on the opponent which resulted into scuffling and injury has been caused to both the sides as alleged in the FIR. Learned Counsel further submits that antecedents of the petitioners are clean and cause of dispute is pity in nature. Both the parties are well known to each other and basically they are agnates. Learned Counsel for the petitioners further submits that there are five named accused persons and no specific allegation against anyone, antecedents of those petitioners are also clean.
5. Learned Counsel for the informant vehemently opposes the prayer for bail and submits that there is allegation of assault in connivance with each other.
6. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.25309 of 2025(2) dt.30-04-2025 3/3 bail of the petitioners but fairly submits that there is general and omnibus allegation against these petitioners.
7. In the present facts and circumstances of this case and there is general and omnibus allegation against these petitioners, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Kiul P.S. Case No. 87 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Neha/- U T