Ghanshyam Yadav @ Chhotu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48220 of 2025 Arising Out of PS. Case No.-176 Year-2025 Thana- KATIHAR NAGAR District- Katihar ====================================================== 1.
Ghanshyam Yadav @ Chhotu Yadav S/O Mahendra Yadav Resident of village- Laliyahi Ward No. 10, P.S.- Sahayak, District- Katihar, Bihar 2.
Ramkumar Yadav @ Rakumar @ Ramu Yadav S/O Mahendra Yadav Resident of village- Laliyahi Ward No. 10, P.S.- Sahayak, District- Katihar, Bihar 3.
Sujit Yadav S/O Naresh Prasad Yadav R/O Vill.- Fhutani Chowk, P.s.- Sahayak, Dist.- Katihar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Yadav For the Opposite Party/s :
Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-09-2025
1. Heard the parties.
2. The petitioners apprehend their arrest in connection with Katihar Town (Sahayak) P.S. Case No. 176 of 2025 dt: 24.02.2025 registered under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 303(2), 352, 351(2), 351(3) of the B.N.S. and Section 27 of the Arms Act.
3. As per the first information report on 23.02.2025 while the informant's son was returning from the market, all the accused persons arrived near the door of the informant and abused and threatened the informant's son. When the son of the informant was going to lodge F.I.R. on 24.02.2025 in the morning at about
Patna High Court CR. MISC. No.48220 of 2025(2) dt.17-09-2025 2/3 11:00 A.M. the petitioners along with other accused persons surrounded him near Lord Hanuman temple and started assaulting the informant's son by iron rod and snatched his golden chain. On the order given by petitioner no. 1, the coaccused / Vikash Paswan took out pistol from his waist and fired about 3-4 round of bullets upon the son of the informant however the bullet missed the target.
4. Learned counsel for the petitioners submits both the parties are neighbours and there is previous dispute between them. A counter case has also been lodged by the side of the petitioners bearing Sahayak P.S. Case No. 178 of 2025 against the informant and her son. Similarly situated co-accused / Sanjay Mandal has been granted anticipatory bail by a Coordinate Bench of this Court in Cr. Misc. No. 34753 of 2025. The allegation of firing is not upon the petitioners and no body has sustained any injury including fire arm injury.
5. Regard being had to the submission made by the parties, taking into consideration the fact that both the parties are neighbours having previous dispute, case and counter case is there, prosecution has not brought on record the apparent injury on the person of the victim, the allegation of firing is not upon the petitioners and the co-accused / Sanjay Mandal has been
Patna High Court CR. MISC. No.48220 of 2025(2) dt.17-09-2025 3/3 granted anticipatory bail by a Co-ordinate Bench of this Court, accordingly, I am inclined to grant anticipatory bail to the petitioners.
6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge -IX, Katihar in connection with Katihar Town ( Sahayak ) P.S. Case No. 176 of 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J) praful/- U T