Judge Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43429 of 2025 Arising Out of PS. Case No.-298 Year-2020 Thana- PALIGANJ District- Patna ====================================================== 1.

Judge Yadav Son of Uma Yadav 2.

Nitish Kumar Son of Bhim Yadav 3.

Pappu Kumar Son of Bhim Yadav All are Resident of Village - Rampur Nagwan, Police Station - Paliganj, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-07-2025 Heard Mr.Birendra Kumar, learned counsel for the petitioners and Mr.Arun Kumar Pandey, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Paliganj P.S.Case No.298 of 2020, FIR dated 13.09.2020 registered for the offences punishable under Sections 341,323,504,354,307,34 of IPC.

3. Allegation against the petitioners is that they alongwith other co-accused persons, in drunken condition, assaulted by lathi and rod to the informant, his mother and brother.

Patna High Court CR. MISC. No.43429 of 2025(2) dt.31-07-2025 2/3

4. Learned counsel for the petitioners submits that the petitioners have clean antecedent. The allegation as alleged in the FIR is false and fabricated and there is case and counter case. From a bare perusal of the FIR it appears that there is specific allegation against co-accused person, namely, Nirbhay Yadav that he has beaten the brother and mother of the informant by means of lathi and iron rod.

5. Learned A.P.P. for the State, on other other hand, has vehemently opposed the prayer for anticipatory bail of the petitioners and submits that from a bare perusal of the FIR it appears that the petitioners are named in the FIR, apart from that, the FIR has been instituted in the year 2020 and petitioners have approached before the learned court below in the year 2021 and the same was rejected vide order dated 31.07.2021 but thereafter the petitioners have not approached anywhere which suggests that the petitioners have no apprehension of their arrest and apart from that, they have not moved in time before the appropriate forum.

6. Considering the aforesaid facts, I am not inclined to grant the privilege of anticipatory bail to the

Patna High Court CR. MISC. No.43429 of 2025(2) dt.31-07-2025 3/3 petitioners in connection with Paliganj P.S.Case No.298 of 2020 pending in the court of learned C.J.M., Danapur, Patna.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T