Indradev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70909 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- BHAPTIAHI District- Supaul ====================================================== Indradev Yadav Son of Late Shrilal Yadav Resident of Village - Chandpipar Ward No.- 11, P.S.- Bhaptiyahi, District - Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamal Kishore Singh, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-10-2025 Heard Mr. Kamal Kishore Singh , learned counsel appearing on behalf of the petitioner and Mr. Abhay Kumar Roy, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Bhaptiyahi P.S. Case No. 69 of 2025 registered under Sections 126(2), 115(2), 109, 3(5) of BNS.
3. As per the allegation made in the FIR, the petitioner along with other accused assaulted the informant and his family members, in which allegation against the petitioner is that he had assaulted one Bhogi Lal Yadav, causing him injury on his hand.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent. There is case and counter case between the parties. The allegation as alleged
Patna High Court CR. MISC. No.70909 of 2025(2) dt.08-10-2025 2/3 against the petitioner is not sustainable in the light of the fact that the petitioner in self defense may have caused some injuries without intention. Learned counsel in para-7 of the application informed that the injury sustained by the said Bhogi Lal Yadav is simple in nature. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the impugned order, wherein, it has been recorded that the injury sustained by the said Bhogi Lal Yadav is simple in nature, the petitioner is having clean antecedent, I am of the opinion that the petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned District Court where the case is pending
Patna High Court CR. MISC. No.70909 of 2025(2) dt.08-10-2025 3/3 in connection with Bhaptiyahi P.S. Case No. 69 of 2025, subject to the condition as laid down under Section 482 of the BNS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T