Kailash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55111 of 2025 Arising Out of PS. Case No.-202 Year-2025 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.
Kailash Yadav S/O Vrihaspati Yadav @ Vrihaspat Yadav 2.
Kamlesh Yadav S/O Kailash Yadav Both above are R/O Village- Murla Math, P.S- Tehta (Makhdumpur), DistJehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar, Advocate For the Opposite Party/s :
Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-08-2025 Heard Mr. Umesh Kumar, learned counsel appearing on behalf of the petitioners and Mr. Sunil Kumar Pandey, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Makhdumpur P.S. Case No. 202/2025 registered for the offence(s) punishable under Sections 126(2), 115(2), 109, 352 and 3(5) of the BNS.
3. As per the allegation made in the FIR, the accused persons named therein including the petitioners have assaulted the informant and her father-in-law with a common intention to kill, causing injuries.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.55111 of 2025(2) dt.27-08-2025 2/3 petitioners submitted that for the similar allegation, one coaccused has been released on anticipatory bail by the learned District Court, however, no reason has been assigned for rejecting the bail application of the petitioners. From perusal of the FIR, it would appear that four accused persons have assaulted the informant and her father-in-law and in want of any specific allegation against them that the petitioners had assaulted them, no case is made out against the petitioners, who are having clean antecedents. He further submitted that the injury sustained by the informant and her father-in-law is simple in nature.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR and also the fact that general and omnibus allegation has been levelled against the petitioners, who are having clean antecedents and the injury sustained on the persons of the informant and her father-in-law is simple in nature, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
Patna High Court CR. MISC. No.55111 of 2025(2) dt.27-08-2025 3/3 released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- I, Jehanabad in connection with Makhdumpur P.S. Case No. 202/2025, subject to the conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) Sanjay/- U T