Manu Yadav @ Shivam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64472 of 2025 Arising Out of PS. Case No.-232 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.
Manu Yadav @ Shivam Kumar S/o Upendra Yadav @ Inardeo Yadav @ Upendra Prasad Yadav R/o Village- Amar Chhatauni, P.S.- Chhatauni, District- East Champaran 2.
Rajesh Kumar S/o Rajbanshi Yadav @ Rajbanshi Ray R/o Village- Amar Chhatauni, P.S.- Chhatauni, District- East Champaran 3.
Mithu Yadav @ Mithu Kumar S/o Ravan Yadav @ Rawan Ray R/o VillageAmar Chhatauni, P.S.- Chhatauni, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, A.P.P.
For the Informant :
Mr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-09-2025 Heard learned counsel for the petitioners, informant and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 351(2), 352, 191(2), 190 of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, all the F.I.R. named accused persons including these petitioners assaulted informant by means of iron rod, butt of pistol as a result of which he sustained severe injuries. It is further alleged that the accused
Patna High Court CR. MISC. No.64472 of 2025(2) dt.16-09-2025 2/3 persons also snatched gold chains and Rs. 2,500/- cash.
4. Learned counsel appearing for the petitioners submits that petitioners are innocent and have committed no offence. Allegation of assault is general and omnibus. Injuries, allegedly, caused by petitioner nos. 1 & 2 are simple in nature. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application and submits that injury caused by petitioner No. 3 is grievous in nature.
6. In view of the fact that petitioner No. 3 caused grievous injury, prayer for anticipatory bail of petitioner no. 3 is refused.
7. However, considering nature of accusation and injury caused by petitioner nos. 1 & 2, anticipatory bail with regard to petitioner nos. 1 & 2 is allowed and it is ordered that the above named petitioner nos. 1 & 2 in the event of their arrest/surrender before the court below 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 District & Additional Sessions Judge-5, East Champaran, Motihari in connection with
Patna High Court CR. MISC. No.64472 of 2025(2) dt.16-09-2025 3/3 Muffasil P. S. Case No. 232 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) Navya/- U T