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Patna High CourtCR. MISC./29339/2025allowed

Lali Yadav @ Loli Yadav @ Shashibhushan Yadav v. The State Of Bihar

2025-05-07Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29339 of 2025 Arising Out of PS. Case No.-405 Year-2024 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Lali Yadav @ Loli Yadav @ Shashibhushan Yadav S/o Mahadev Yadav Resident of Village- Govindpur, PS- S. Kamal, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Singh, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-05-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with S. Kamal P.S. Case No. 405 of 2024, registered for the offences punishable under Sections 119(2), 115(2), 118(2), 351(1), 352, 76 and 109 of the B.N.S.

3. The allegation against the petitioner is of causing assault by means of butt of the pistol over the head of the informant, leading to serious injuries.

4. Learned Advocate for the petitioner taking this Court through the FIR contended that the allegation has been levelled against altogether seven persons for assaulting and misbehaving with the informant, but only on account of sheer

Patna High Court CR. MISC. No.29339 of 2025(2) dt.07-05-2025 2/3 enmity, the petitioner's name has been specifically implicated that he has assaulted her by means of butt of the pistol. Moreover, the injury which is allegedly sustained to the informant is found to be simple in nature, as is evident from the impugned order itself. Further submission has been made that both the parties are close agnates and on account of some trifle, they have entered into free fight resulting into injuries to the informant. It is further contended that there is delay in lodging of the FIR, moreover, the petitioner undertakes that he will fully co-operate in the investigation and in the proceeding of the Court.

5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the petitioner has brutally assaulted the informant, who is a lady.

6. Regard being had to the submissions made on behalf of the parties and considering the simple nature of injury and the fact that both the parties are own gotias and the genesis of the occurrence is said to be a land dispute, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.29339 of 2025(2) dt.07-05-2025 3/3 sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Begusarai in connection with S. Kamal P.S. Case No. 405 of 2024, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) shivank/- U T