Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27897 of 2026 Arising Out of PS. Case No.-170 Year-2025 Thana- MAHESHKHUNT District- Khagaria ====================================================== 1.

Subhash Yadav S/o Late Jogo Yadav, Resident of Village- Chhoti Madarpur, P.S.- Maheshkhunt, District- Khagaria 2.

Bijal Yadav S/o Late Jogo Yadav, Resident of Village- Chhoti Madarpur, P.S.- Maheshkhunt, District- Khagaria 3.

Kanchan Devi W/o Bijal Yadav, Resident of Village- Chhoti Madarpur, P.S.- Maheshkhunt, District- Khagaria ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar, Advocate.

Mr. Amar Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-04-2026

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Maheshkhunt P.S. Case No.170 of 2025 instituted under Sections 126(2), 115(2), 303(2), 109, 352, 351(2), 351(3), 3(5) of the B.N.S., 2023.

3. As per the prosecution case, co-accused Manohar Yadav @ Manohar Rai came at the shop of informant on his Apache motorcycle and forcibly started taking goods from his shop. On protest by the informant, the co-accused started abusing him and called petitioner no.1 & 3, who came with lathi

Patna High Court CR. MISC. No.27897 of 2026(2) dt.29-04-2026 2/3 and stick and attacked on him due to which he sustained injuries.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He further submits that petitioners are the family members of co-accused Manohar Yadav who has been arrested. Both the parties are neighbour. Learned counsel submits that allegation against the petitioners of assault are general and omnibus. He further submits that there is one injury to the injured which is simple in nature. Learned counsel submits that the F.I.R. has been lodged after delay of about 5 days without any plausible explanation. He further submits that petitioner no.1 & 2 have one criminal antecedent, in which they are on bail and petitioner no.3 has got clean antecedent and they undertake to cooperate in the investigation and trial of the case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation leveled against the petitioners as well as the fact that the injury to the injured is simple in nature, in the event of arrest or surrender before the Court below within six weeks

Patna High Court CR. MISC. No.27897 of 2026(2) dt.29-04-2026 3/3 from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned S.D.J.M., Khagaria/ concerned Court in connection with Maheshkhunt P.S. Case No.170 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T