Deepak Kumar (Abated Vide Honorable Court Order Dated 15.07.2025) v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44081 of 2025 Arising Out of PS. Case No.-209 Year-2024 Thana- SALAKHUA District- Saharsa ====================================================== 1.

Deepak Kumar (Abated vide Honorable Court Order dated 15.07.2025) S/oVarun Yadav Village- Khajuraha W.No-16, Ps- Salkhua Dist- Saharsa 2.

Pradeep Kumar S/o- Varun Yadav Village- Khajuraha W.No-16, Ps- Salkhua Dist- Saharsa 3.

Varun Yadav @ Barun Yadav S/o- Late Udit Narayan Yadav VillageKhajuraha W.No-16, Ps- Salkhua Dist- Saharsa 4.

Sanjay Yadav S/o- Late Udit Narayan Yadav Village- Khajuraha W.No-16, Ps- Salkhua Dist- Saharsa 5.

Arun Yadav S/o- late Udit Narayan Yadav Village- Khajuraha W.No-16, PsSalkhua Dist- Saharsa 6.

Bhola Kumar @ Rupesh Kumar S/o- Sanjay Yadav Village- Khajuraha W.No-16, Ps- Salkhua Dist- Saharsa ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2025 Petition for pre-arrest bail of petitioner no.1 has already been dismissed as withdrawn vide previous order dated 15.7.2025.

2. Heard learned counsel for the petitioners no. 2 to 6 and the State.

3. Petitioners apprehend arrest in a case registered for the offence punishable under sections 126(2), 115(2), 117(2), 118(2), 109, 74, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

4. As per the prosecution case, when the informant was fixing shuttering to cast roof, in the meantime, all the FIR named accused persons including these petitioners objected and

Patna High Court CR. MISC. No.44081 of 2025(3) dt.06-08-2025 2/2 assaulted the informant side with lathi.

5. It is submitted on behalf of the petitioners that over a dispute for casting roof, simple marpit took place between the parties in which both sides sustained injuries. There is case and counter case. Doctor has found simple injury. Petitioners claim clean antecedent.

6. Learned counsel for the State opposes the prayer for bail.

7. Considering the aforesaid facts of the case, prayer for bail of petitioners no. 2 to 6 is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Saharsa in Salkhua Police Station Case No. 209 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T