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Patna High CourtCR. MISC./66117/2025bail granted

Narsingh Yadav v. The State Of Bihar

2025-09-19Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66117 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- SATHI District- West Champaran ====================================================== Narsingh Yadav S/o Late Lalji Yadav, R/o Village- Khajuriya, Ward No.09, P.S - Sathi, District - West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Gauri Shankar Thakur, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, 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 in connection with Sathi P.S. Case No. 69 of 2025, dated 17.03.2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 115(2), 117, 118(1), 109(1), 352 and 351(2) of the B.N.S., 2023.

3. As per the prosecution case, the allegation in the FIR, arising out of complaint petition which has been sent under Section 156(3) of the Cr.P.C. for institution of the FIR, is that as many as 10 co-accused persons including the present petitioner indulged in an act of assault upon the informant and his other family members.

4. Learned counsel for the petitioner submits that the present case arises out of a complaint petition which has

Patna High Court CR. MISC. No.66117 of 2025(2) dt.19-09-2025 2/3 been lodged after an inordinate and unexplained delay of about one month and twenty-two days in as much as the occurrence has taken place on 21.12.2024 and the complaint petition was filed on 12.02.2025, without any plausible explanation. However, there is case and counter case between the parties and the said counter case was filed by the mother of one of the accused person against the informant's side. He further submits that so far as the petitioner is concerned, he is only said to be order giver, whereas the specific allegation of assault is attributed against other co-accused persons, who have also been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 10.09.2025 passed in Cr. Misc. No. 60501 of 2025, Cr. Misc. No. 60571 of 2025, Cr. Misc. No. 62354 of 2025 and Cr. Misc. No. 41294 of 2025. He next submits that the petitioner is an old and disabled man of 63 years of age.

5. Learned Additional Public Prosecutor for the State on the other hand vehemently opposes the prayer for grant of anticipatory bail to the petitioner.

6. Taking into consideration the facts and circumstances of the case and further considering the absence of any allegation of assault upon the petitioner coupled with the

Patna High Court CR. MISC. No.66117 of 2025(2) dt.19-09-2025 3/3 inordinate delay and existence of case and counter case between the parties, let the petitioner, above-named, in the event of his arrest or surrender before the Court concerned within a period of four weeks, be released on anticipatory bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Sathi P.S. Case No. 69 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the BNSS.

(Soni Shrivastava, J) Shahnawaz/- U T