Deep Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25142 of 2026 Arising Out of PS. Case No.-33 Year-2023 Thana- KUMAR KHAND District- Madhepura ====================================================== 1.

Deep Narayan Yadav Son of Late Chhuto Yadav Resident of VillageLaxmipur Chandi Asthan, Ward No. 01, P.S.- Kumar Khand, DistrictMadhepura 2.

Bhim Kumar Son of Deep Narayan Yadav Resident of Village- Laxmipur Chandi Asthan, Ward No. 01, P.S.- Kumar Khand, District- Madhepura ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Punita Kumari Singh, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-04-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The accused-petitioners, named in the F.I.R., are apprehending their arrest in connection with Kumar Khand P.S. Case No. 33 of 2023 registered for the offences punishable under Sections 341, 323, 307, 325, 379, 354-B, 504/34 of the I.P.C.

3. As per FIR, petitioners along with other accused persons assaulted the informant and also outrage her modesty and further snatched the golden earring worth Rs. 21,000/-.

4. Learned counsel appearing on behalf of the petitioners submitted that parties are agnates and are in inimical terms. It is submitted that for the same occurrence petitioners have also

Patna High Court CR. MISC. No.25142 of 2026(2) dt.23-04-2026 2/3 lodged a case against the informant and others which was registered as Kumar Khand P.S. Case No. 66/2023. It is pointed out that even the present case was lodged due to oblique motive after 12 days of the occurrence i.e. for occurrence dated 19.02.2023, case was lodged on 01.02.2023.

5. Arguing further, it is submitted that the allegation against petitioner no. 1 is only to outrage the modesty of the informant, whereas allegation against petitioner no. 2 is specific as to assault on the head of the informant by using iron rod. It is pointed out that upon medical examination of informant, no head injury was noticed, which makes the entire allegation false on its face. It is submitted that other injuries as near to chest i.e. clavicle bone appears to be caused specifically by the coaccused Pintu Yadav, who is not the petitioner here. Petitioners are the men of clean antecedent.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. In view of the aforesaid factual submissions and by taking note of the fact as the occurrence prima facie appears free-fight in nature, where injury report also creates a doubt regarding version of the informant qua occurrence, accordingly, the above-named both petitioners namely, Deep Narayan Yadav

Patna High Court CR. MISC. No.25142 of 2026(2) dt.23-04-2026 3/3 and Bhim Kumar, who are of clean antecedent, in the event of their arrest/surrender within a period of four weeks from this order, are directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura/concerned court in connection with Kumar Khand P.S. Case No. 33 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T