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Patna High CourtCR. MISC./30395/2025bail granted

Kari Yadav v. The State Of Bihar

2025-05-15Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30395 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== 1.

Kari Yadav S/o Late Baldev Yadav R/o vill - Pohadi Bela, P.S.- Ghanshyampur, Distt.- Darbhanga 2.

Shankar Yadav S/o Kari Yadav R/o vill - Pohadi Bela, P.S.- Ghanshyampur, Distt.- Darbhanga 3.

Sanjeet Yadav S/o Kari Yadav R/o vill - Pohadi Bela, P.S.- Ghanshyampur, Distt.- Darbhanga 4.

Amarjeet Kumar Yadav @ Amarjeet Yadav S/o Kari Yadav R/o vill - Pohadi Bela, P.S.- Ghanshyampur, Distt.- Darbhanga 5.

Gauri Yadav S/o Kari Yadav R/o vill - Pohadi Bela, P.S.- Ghanshyampur, Distt.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners who apprehend arrest in connection with Ghanshyampur P.S. Case No. 11 of 2025 lodged on12.01.2025, for the offences punishable under sections 115(2), 126(2), 109, 117(2), 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution, the F.I.R. has been lodged against nine named accused persons, including the petitioners. It

Patna High Court CR. MISC. No.30395 of 2025(2) dt.15-05-2025 2/3 is alleged that the accused, having assembled unlawfully and in connivance with one another, began to demolish pillar of the informant's house. When the informant and his family members objected, they were allegedly brutally assaulted by the accused persons. It is further alleged that the accused snatched a gold mangalsutra valued at 1,45,000/-.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The petitioners have no criminal antecedents. It is submitted that both the informant and the petitioners are residents of the same village and, as stated in the F.I.R. itself, both parties are neighbours and relatives. A scuffle broke out between them, resulting in injuries on both sides. It is further submitted that there is a case and counter case arising out of the same incident. The petitioners' side has lodged Ghanshyampur P.S. Case No. 14 of 2025, whereas the informant's side has lodged the present case bearing Ghanshyampur P.S. Case No. 11 of 2025.

5. Learned APP for the State opposes the prayer for bail and submits that there is a case and counter case, and injuries have been sustained by both sides.

6. In the facts and circumstances of the case, let the above-named petitioners be released on bail, in the event of

Patna High Court CR. MISC. No.30395 of 2025(2) dt.15-05-2025 3/3 their arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of 30,000/- ₹ (Rupees Thirty Thousand only) each, as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the ACJM-II, Biraul, Darbhanga, in connection with Ghanshyampur P.S. Case No. 11 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Dr. Anshuman, J) Ashwini/- U T