Kishor Kumar @ Kishor Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37484 of 2025 Arising Out of PS. Case No.-153 Year-2025 Thana- JHAJHA District- Jamui ====================================================== 1.
Kishor Kumar @ Kishor Yadav, Male, aged about 23 years, 2.
Anand Kumar @ Anand Yadav, Male, aged about 31 years Both are S/O Tulasi Yadav and R/O Vill.- Sohajama, P.S.- Jhajha, DistrictJamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoranjan Kumar, Advocate For the Opposite Party/s :
Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-06-2025 Heard Mr. Manoranjan Kumar, learned counsel appearing on behalf of the petitioners and Mr. Tapeshwar Sharma, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Jhajha P.S. Case No. 153 of 2025 registered for the offence(s) punishable under Sections 191(2), 190, 126(2), 115, 109 and 303(2) of the BNS.
3. As per the allegation made in the FIR, the accused persons named therein including the petitioners assaulted the brother of the informant and tried to strangulate him with intention to kill. Specific allegation against petitioner no.2 is that he has taken away Rs.10,000/- from the informant.
Patna High Court CR. MISC. No.37484 of 2025(2) dt.25-06-2025 2/3
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and there is no specific allegation against petitioner no.1 that he has assaulted the brother of the informant, rather it has been alleged that he has taken away Rs.10,000/- from the pocket of the informant. So far as petitioner no.1 is concerned, allegation against him is that he has assaulted the brother of the informant on his head but the injury is simple in nature. There is case and counter case between the parties. The present FIR has been lodged in retaliation to Jhajha P.S. Case No.425 of 2024, lodged by the brother of the petitioner against the informant and his brothers. Petitioners have clean antecedents.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties and in view of no allegation of assault alleged against the petitioner no.1 and injury sustained which has been alleged to have been caused by petitioner no.2 and other co-accused persons has been found to be simple in nature and in view of other accused persons on the spot, the same cannot be attributable that it was inflicted by petitioner no.2. Petitioners have clean antecedents. I am of the opinion that
Patna High Court CR. MISC. No.37484 of 2025(2) dt.25-06-2025 3/3 petitioners have, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their 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 learned Chief Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 153 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS. (Purnendu Singh, J) Sanjay/- U T