← Library
Patna High CourtCR. MISC./66126/2025bail granted

Jay Prakash Yadav v. The State Of Bihar

2025-09-19Justice Smt. Soni Shrivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66126 of 2025 Arising Out of PS. Case No.-291 Year-2025 Thana- PIRPAINTI District- Bhagalpur ====================================================== Jay Prakash Yadav S/o Ganesh Yadav R/o Vill- Kujarbanna, P.S.- Pirpainty, Distt- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences punishable under Sections 126 (2), 115 (2), 109, 352, 351 (2) and 3 (5) of the BNS.

3. The allegation in the first information report is that all the accused persons including the petitioner came armed with lathi, danda and assaulted the informant and her husband.

4. Learned counsel for the petitioner submits that a bare perusal of the first information report itself would show that the dispute had taken place between the parties with regard to some money transaction between them. The allegation of assault, besides general and omnibus against all the accused persons, is specific against the petitioner that he had given a blow with sharp cutting weapon on the informant, but

Patna High Court CR. MISC. No.66126 of 2025(2) dt.19-09-2025 2/2 Annexure-P/3 would show that the injury is simple in nature. It has been submitted that there is case and counter case and the case filed on the side of the petitioner has also been annexed as Annexure-P/2. The injury suffered by three persons on the side of the petitioner has also been stated in para-9 of the petition.

5. Learned APP for the State opposed the prayer for anticipatory bail.

5. Taking into consideration the facts and circumstances of the case as also considering the fact that there is case and counter case between the parties coupled with the fact that the petitioner's case is earlier in point of time and the injury of the informant is simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/ successor Court in connection with Pirpainty P.S. Case No.291 of 2025, subject to the condition as laid down under Section 482 (2) of the B.N.S.S.

(Soni Shrivastava, J) Trivedi/- U T