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Patna High CourtCR. MISC./37859/2025bail rejected

Narayan Yadav v. The State Of Bihar

2025-06-23Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37859 of 2025 Arising Out of PS. Case No.-72 Year-2024 Thana- MAIGRA District- Gaya ====================================================== Narayan Yadav Son of Late Dhanushdhari Yadav Resident of Village - Harni, Tola - Tarwadih, P.S.- Maigra, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Advocate For the Informant :

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

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 23-06-2025 Head learned counsel for the petitioner, learned counsel for the informant and the learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118(1), 117(2), 109 and 3(5) of the B.N.S. Act and Section 25(1B)(a), 26 and 27 of the Arms Act to which Section 103 of B.N.S was added subsequently.

3. As per FIR, allegation against the petitioner is that he along with other co-accused persons armed with Lathi, Danda, Iron Rod & Firearms brutally assaulted the informant and his family members due to which all victims have sustained multiple injuries over the vital and non-vital parts of their bodies. It is further alleged that on the orders of Narayan Yadav

Patna High Court CR. MISC. No.37859 of 2025(3) dt.23-06-2025 2/3 (petitioner), Raja Yadav and Lalbir Yadav, Gaurav Kumar fired from his pistol which hit the leg of Dwarika Yadav causing injury.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. The allegation is general and omnibus in nature. There is case and counter case between both the parties. It has further been submitted that co-accused Shambhu Yadav has been enlarged on bail vide order dated 16.05.2025 passed in Cr. Misc. No. 31517 of 2025 by this Court. It has lastly been submitted that the petitioner has antecedent of three cases and in all the cases he is on bail.

5. Learned counsel for the informant and learned APP for the State have vehemently opposed the prayer for bail. Learned counsel for the informant has stated that on the orders of this petitioner, co-accused Gaurav Kumar had fired from his pistol which hit the leg of Dwarika Yadav causing injury.

7. Considering the aforesaid facts and circumstances of the case and taking into account that on the orders of this petitioner, co-accused Gaurav Kumar had fired from his pistol which hit the leg of Dwarika Yadav causing injury, I am not inclined to enlarge the petitioner on anticipatory bail.

Patna High Court CR. MISC. No.37859 of 2025(3) dt.23-06-2025 3/3

8. The prayer is rejected.

9. The petitioner is directed to surrender before the learned Court below and pray for regular bail which would be considered on its merits in accordance with law without being prejudiced by this order.

5. Accordingly, the application stands dismissed. (Sourendra Pandey, J) Prakash/- U