Javahar Yadav @ Javahar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49998 of 2025 Arising Out of PS. Case No.-272 Year-2025 Thana- BARH District- Patna ====================================================== Javahar Yadav @ Javahar Prasad, S/O Siyasaran Yadav @ Siyasaran Prasad, R/O Village- Harauli, P.S.- Barh, Dist.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Kashyap, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-08-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Barh P.S. Case No. 272 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 132, 121(1), 121(2), 352, 221 of the of the Bharatiya Nyaya Sanhita, 2023.
3. Allegedly the informant, who was posted as A.S.I. at Barh Police Station, on a secret information that accused Nawal Yadav is present in the village, raided the said place. On noticing the police party, one person started abusing and said that I am Nawal and thereafter challenged the police party saying that you cannot arrest because this is my village and started shouting. On the exhortation made, 20-25 persons assembled there and started pelting stones and bricks, due to
Patna High Court CR. MISC. No.49998 of 2025(2) dt.11-08-2025 2/3 which several police personnel sustained injury.
4. Learned Advocate for the petitioner contended that the F.I.R. has been instituted against 12 named accused persons and 50 unknown persons. There is omnibus nature of allegation against all of them and no injury has been attributed against the petitioner. So far the injury sustained to the police personnel are concerned, all of them have been found to be simple in nature, as has been contended by the learned Advocate for the petitioner. He further submits that the petitioner is a man of fair antecedent and his name has been implicated only on dictate of the Chaukidar, with whom the petitioner has inimical term. The petitioner undertakes that he will fully cooperate in the investigation or in the proceeding of the court.
5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioner along with other accused persons obstructed in discharge of duty and also assaulted the police personnel.
6. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of omnibus nature of allegation and simple injury, coupled with the fair antecedent, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks
Patna High Court CR. MISC. No.49998 of 2025(2) dt.11-08-2025 3/3 from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Barh, Patna in connection with Barh P.S. Case No. 272 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner.
(Harish Kumar, J) uday/- U T