Janardan Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64534 of 2025 Arising Out of PS. Case No.-81 Year-2025 Thana- TANDWA District- Aurangabad ====================================================== 1.
Janardan Pathak S/O Late Ram Kailash Pathak R/O Village- Barahikhap, Upadhaya Bigha, P.S- Tandwa, Distt.- Aurangabad. 2.
Chandrabhushan Pathak S/O Janardhan Pathak R/O Village- Barahikhap, Upadhaya Bigha, P.S- Tandwa, Distt.- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Brij Bihari Tiwary, Advocate For the State :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-10-2025 Heard Mr. Brij Bihari Tiwary, learned counsel for the petitioners and Mr. Umeshanand Pandit, learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 126(2), 115(2), 117(2) and 109(1) of the Bhartiya Nyaya Sanhita, 2023.
3. As per prosecution case, it is alleged that on 30.06.2025 at about 6 PM, when the informant was working in her fields, in the meantime, all the F.I.R. named accused persons, including these petitioners, came there and assaulted informant and her son by means of bamboo.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.64534 of 2025(3) dt.14-10-2025 2/3 petitioners submits that petitioners are quite innocent and have committed no offence. As a matter of fact, sudden quarrel arose between the parties on account of dispute with regard to pathway, in which, both sides sustained injuries. There is case and counter case. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Similarly situated co-accused persons has already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 15.09.2025 passed in Cr. Misc. No. 63491 of 2025. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has vehemently opposed the bail petition.
6. Considering the facts and circumstances, general and omnibus nature of accusation, case and counter-case between the parties, claim based on parity and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, let the above named petitioners, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad
Patna High Court CR. MISC. No.64534 of 2025(3) dt.14-10-2025 3/3 in connection with Tandwa P.S. Case No. 81 of 2025, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) shashank/- U T