Lakhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55218 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- BELAGANJ District- Gaya ====================================================== 1.

Lakhan Yadav S/o Late Etwar Yadav R/o Village- Molvichak, P.S- Belaganj, Distt.- Gaya, Bihar.

2.

Bimla Devi W/o Lakhan Yadav R/O Village- Molvichak, P.S- Belaganj, Distt.- Gaya, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate.

For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-08-2025 Heard Mr. Sanjay Kumar, learned counsel appearing on behalf of the petitioners and Mr. Gauri Shankar Gupta, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Belaganj P.S. Case No. 105 of 2025 registered for the offence punishable under Sections 126 (2), 115(2), 303(2), 118(1), 109 (1), 74 and 3(5) of the BNS.

3. As per the allegation made in the F.I.R., all the accused persons including the petitioners with a common intention assaulted the informant and his family members.

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they

Patna High Court CR. MISC. No.55218 of 2025(2) dt.27-08-2025 2/3 have falsely been implicated in the case. There is a case and counter case between the parties arising out of the same incidence. Petitioners may have caused some injury to the informant's side in their self defence without intention.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Having considered the rival submissions made on behalf of the parties and the fact that there is case and counter case between the parties and the petitioners in their self defence may have caused some injury to the informant's side without intention, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Gaya in connection with Belaganj P.S. Case No. 105 of 2025, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

7. The 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 Para-3 of the bail petition, this order will automatically lose its

Patna High Court CR. MISC. No.55218 of 2025(2) dt.27-08-2025 3/3 force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T