Santosh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 37489 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- BHITAHA District- West Champaran ====================================================== Santosh Yadav, Son of Kedar Yadav, Resident of Village- Dihipkdi Tad Tola, PS -Bhitaha District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 37568 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- BHITAHA District- West Champaran ====================================================== Satan Yadav, S/o- Kedar Yadav, R/o Village- Dihipkdi Tad Tola, Malahi Tola, Machhaha, P.S.-Bhitaha, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 37489 of 2025) For the Petitioner/s :
Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Prem Kumar Jha, APP (In CRIMINAL MISCELLANEOUS No. 37568 of 2025) For the Petitioner/s :
Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-09-2025
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Bhitaha P.S. Case no.38 of 2025 registered under sections 191(1), 190, 329(3), 352, 126(2), 115(2), 118(1), 109(1) and 303(2) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners herein are said to have assaulted the son of the informant Bhola Yadav
Patna High Court CR. MISC. No. 37489 of 2025(3) dt.03-09-2025 2/3 with farsa and an iron rod repeatedly.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. The injury report does not support the prosecution case in so far as inspite of allegation of assault with farsa and repeated assaults with an iron rod on the head of Bhola Yadav, a single injury with mild parenchymal edema has been found which in the opinion of the doctor was simple in nature. The petitioners have no criminal antecedents and undertake to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the submissions made by learned counsel for the petitioner, the contents of the injury report wherein the injury has been found to be simple in nature and the petitioners not having any criminal antecedent, it is directed that both the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Bhitaha P.S. Case no.38 of 2025 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No. 37489 of 2025(3) dt.03-09-2025 3/3 amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Bagaha, West Champaran. (Partha Sarthy, J) avinash/- U T