Jhulan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50820 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- Mabby District- Darbhanga ====================================================== 1.
Jhulan Yadav S/o- Bihari Yadav Village- Bandh Basti, P.S.- Mabbi, DistrictDarbhanga 2.
Ranjay Paswan S/o- Suresh Paswan Village- Ganauli Gagdishpur, P.S.- Mabbi, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gulfeshan, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP For the Informant :
Mr. Vinay Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard Learned Counsel for the petitioners, Learned Counsel for the Informant and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioners who apprehend arrest in connection with Mabbi P.S. Case No. 38 of 2025, lodged on 19.03.2025, under Sections 115/118(1)/ 110 /303(2) /352 / 351(2)/3(5) of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against both the petitioners with allegation that they have assaulted the informant side on petty issue, when the informant was returning
Patna High Court CR. MISC. No.50820 of 2025(2) dt.11-08-2025 2/3 to his house from Chowk. It has been alleged that both the accused persons have started assaulting by weapons on body, due to which he sustained injury. In the meantime, they have fled away by taking Rs.4100/- and one gold locket from the informant.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that antecedent of the petitioner No.1 is clean and there is one antecedent of petitioner No.2. Counsel submits that for the same date and place of occurrence, there is case and counter case bearing Mabbi P.S. Case No.38 of 2025 and Mabbi P.S. Case No.39 of 2025. Counsel submits that from bare perusal of both the FIRs, it become crystal clear that both families are well known to each other and adjacent neighbour and due to old dispute the scuffling took place between them, due to which injury has been caused from both sides. Counsel submits that petitioner No.1 is the owner and petitioner No.2 is the servant of petitioner No.1.
5. Learned APP for the State opposes the prayer for bail of the petitioners.
6. In the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail,
Patna High Court CR. MISC. No.50820 of 2025(2) dt.11-08-2025 3/3 in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief Judicial Magistrate, Darbhanga, in connection with Mabbi P.S. Case No. 38 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Mkr./- U T