Sunil Yadav @ Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54421 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.
Sunil Yadav @ Sunil Kumar S/o Birendra Yadav R/o Village - Sahorachak, Balaper, P.S - Makhdumpur, District - Jehanabad 2.
Jitendra Yadav @ Jitendra Kumar @ Jitan Kumar S/o Birendra Yadav R/o Village - Sahorachak, Balaper, P.S - Makhdumpur, District - Jehanabad 3.
Ajit Yadav @ Ajit Kumar S/o Birendra Yadav R/o Village - Sahorachak, Balaper, P.S - Makhdumpur, District - Jehanabad 4.
Santosh Yadav @ Santosh Kumar S/o Lalan Yadav R/o Village - Sahorachak, Balaper, P.S - Makhdumpur, District - Jehanabad 5.
Ram Bhawan Yadav @ Ram Bhawan Kumar S/o Lalan Yadav R/o Village - Sahorachak, Balaper, P.S - Makhdumpur, District - Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha For the Opposite Party/s :
Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-08-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 74, 109, 115(2), 117(2), 118(1), 126(2), 190, 191(3), 324(4)(5), 326(8), 329(4) of the B.N.S.S.
3. Learned counsel for the petitioners submits that petitioner no.1 and 5 have antecedent of two cases, petitioner no.2 and 3 have antecedent of one case and the petitioner no.4 is a person with clean antecedent and the informant alleges that on 06.01.2025 at about 4.00 P.M., her cousin mother-in-law was
Patna High Court CR. MISC. No.54421 of 2025(2) dt.21-08-2025 2/3 fixing the pipe for the purposes of watering her field, through the field of the informant, when all the accused persons came variously armed and Ranjit Yadav assaulted her with knife causing injury on various part of the body, thereafter Manish assaulted her by an iron rod causing fractured injury on right hand and leg, thereafter Rajaram Yadav snatched her chain and when informant and other family members came to save them, Kamlesh Yadav fired in the air and thereafter all the accused persons damaged the motorcycle and Satendra Yadav set the cow shed on fire.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation is alleged against the petitioners rather specific allegation of assaulting the injured by knife is against Ranjit while Manish is alleged to have assaulted by iron rod. It is also submitted that a specific pleading has been made at Para9 of the anticipatory bail application that the police in order to obtain the injury report of the injured sent her notice under Section 94 of the B.N.S.S. on which the injured stated that the injury report shall be submitted in the Court as recorded in Para-
Patna High Court CR. MISC. No.54421 of 2025(2) dt.21-08-2025 3/3 59 of the C.D. It is submitted that this amply demonstrates that no occurrence as alleged took place or else the injured would have submitted her injury report to the police for submitting it in the Court. It is also submitted that it absolutely does not stand to reason that had the injured been assaulted by knife, in that event, the police would have sent the injured for getting her injury examined.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Makhadumpur P.S. Case No.07/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. (Satyavrat Verma, J) amit/- U T