Anil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58636 of 2025 Arising Out of PS. Case No.-93 Year-2025 Thana- NEMDARGANJ District- Nawada ====================================================== 1.
Anil Yadav S/o- Lakhan Yadav Resident of Taiyar, Tarauni P.S- Nemdarganj Dist- Nawada 2.
Lakhan Yadav S/o- Late Fagu Yadav Resident of Taiyar, Tarauni P.SNemdarganj Dist- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Hriday Prasad For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-11-2025
1. Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109, 74, 303(2), 351, 352(2) and 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioners after arguing vehemently for sometime, realizing his difficulty, seeks permission to withdraw the anticipatory bail application with respect to petitioner no.1, namely, Anil Yadav with liberty to surrender and seek regular bail.
2/4
4. Permission is accorded.
5. It is made clear that if petitioner no.1 surrenders and seeks regular bail, the learned District Court shall consider the case on its own merit without being prejudiced by the fact that petitioner no.1 before this Court withdrew his anticipatory bail application.
6. Learned counsel for the petitioner submits that petitioner no.2 is a person with clean antecedent and is aged about 76 years and the informant alleges that on 22.03.2025 at around 7 A.M. he was at his home when he heard an alarm of Gudiya Devi, accordingly he came and saw that Rahul had caught hold of her and when he objected, Anil assaulted the informant on his head by sword causing injury, thereafter Lakhan assaulted is brother Kirshna Mohan by sword on head, while Antarwa Devi snatched golden chain from Gudiya Devi.
7. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that informant and petitioner's side are agnates and are having dispute relating to passage, on account of which, an altercation had taken place, in which both side assaulted each other. It is also submitted that from side of the petitioner also persons were injured and the informant and
3/4 his side have been granted the privilege of anticipatory bail by this Court. It is next submitted that as far as petitioner no.2 is concerned, he is alleged to have assaulted Krishna Mohan Yadav by sword causing injury on head but then the petitioner is 76 years old and he has been implicated only with a view to coerce the other family members into submission. It is also submitted that petitioner all though out has remained a person with clean antecedent and all of a sudden has been made a criminal but then it is fairly submitted that the injury has been opined to be grievous in nature and the blow is not alleged to be repeated.
8. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioner.
9. Considering the submissions made by the learned counsel for the petitioner, the petitioner no.2, in the event of his 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) 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 Nemdarganj P.S. Case No.93/2025, subject to
4/4 the conditions as laid down under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J) amit/- U T