Kamlesh Kumar Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50017 of 2025 Arising Out of PS. Case No.-62 Year-2025 Thana- TANKUPPA District- Gaya ====================================================== 1.

Kamlesh Kumar Nirala S/O Permeshwar Yadav Resident of VillageManjhauli @ Majhauli, P.S.- Tankuppa, Distt.- Gaya, Bihar. 2.

Shiv Kumar S/O Prayag Yadav Resident of Village- Manjhauli @ Majhauli, P.S.- Tankuppa, Distt.- Gaya, Bihar.

3.

Rajdeo Yadav S/O Dhaneshwar Yadav @ Dhaneshwar Yadaw Resident of Village- Manjhauli @ Majhauli, P.S.- Tankuppa, Distt.- Gaya, Bihar. 4.

Satyendra Yadav @ Satyendra Kumar S/O Permeshwar Yadav Resident of Village- Manjhauli @ Majhauli, P.S.- Tankuppa, Distt.- Gaya, Bihar. 5.

Suresh Yadav @ Suresh Prasad S/O Ramdhani Yadav Resident of VillageManjhauli @ Majhauli, P.S.- Tankuppa, Distt.- Gaya, Bihar. 6.

Krishna Kumar S/O Ramdhani Yadav Resident of Village- Manjhauli @ Majhauli, P.S.- Tankuppa, Distt.- Gaya, Bihar. 7.

Dhaneshwar Yadav @ Dhaneshwar Yadaw @ Dhaneshar Yadav @ Dhanesar S/O Late Somer Yadav @ Late Saumar Yadav Resident of VillageManjhauli @ Majhauli, P.S.- Tankuppa, Distt.- Gaya, Bihar. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Abhijeet Abhigyan, Advocate For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, A.P.P.

Mr. GK Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-09-2025 Heard learned counsel for the petitioners, the State and the informant.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 324(4), 352, 351(2), 303(2)/74 of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act.

3. As per the prosecution case, while the informant was erecting boundary on his land, petitioners assaulted him with lathi and when his brother and wife came to save him,

Patna High Court CR. MISC. No.50017 of 2025(3) dt.03-09-2025 2/2 accused persons also assaulted them. Petitioner no.7 fired from his pistol.

4. It is submitted on behalf of the petitioners that due to land dispute, simple marpit took place between them in which both sides sustained injuries. Present case is counter blast of Tankuppa Police Station Case No. 61 of 2025. Allegation of assault is general and omnibus and no specific overt act has been alleged against these petitioners. By filing supplementary affidavit, petitioners claim clean antecedent.

5. Learned counsel for the State as well as the informant oppose the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for bail of all the petitioners 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 Additional Chief Judicial Magistrate IV, Gaya in Tankuppa Police Station Case No. 62 of 2025, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. Shashi (Prabhat Kumar Singh, J) U T