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Patna High CourtCR. MISC./72129/2025disposed

Jahindra Yadav @ Jaihindar Yadav v. The State Of Bihar

2025-10-14Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72129 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- KAJRAILI District- Bhagalpur ====================================================== 1.

Jahindra Yadav @ Jaihindar Yadav S/O Late Narsingh Yadav R/O VillageGaurachauki Navtolia, P.S- Kajraili, Distt.- Bhagalpur. 2.

Dilip Yadav S/O Late Narsingh Yadav R/O Village- Gaurachauki Navtolia, P.S- Kajraili, Distt.- Bhagalpur.

3.

Mukesh Yadav @ Ashik Kumar S/O Jahindra Yadav @ Jaihindar Yadav R/O Village- Gaurachauki Navtolia, P.S- Kajraili, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Kumar, Advocate For the Opposite Party/s :

Md. Fahimuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-10-2025 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application with regard to petitioner no. 3.

2. Permission is granted.

3. This anticipatory bail application with regard to petitioner no. 3 is, accordingly, dismissed as withdrawn.

4. Heard learned counsel for the petitioners and the State.

5. Petitioner nos. 1 & 2 apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 329(3), 308(3), 352, 351(2), 3(5) of the

Patna High Court CR. MISC. No.72129 of 2025(2) dt.14-10-2025 2/3 Bharatiya Nyaya Sanhita.

6. As per prosecution case, on 02.06.2025 at about 8 PM, all the F.I.R. named accused persons, including these petitioners, entered the house of informant and demanded Rs. 5 lacs from his son and when son of the informant objected, all the accused persons attacked him with sickle due to which he sustained head injury and thereafter, co-accused Mukesh Yadav assaulted Jaldhar Yadav by means of lathi due to which his left hand got fractured.

7. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. He contends that on account of money dispute, scuffle took place between the parties in which both sides sustained injuries. Case and counter case. Injuries, allegedly, caused by these petitioners are simple in nature. Allegation of assault is general and omnibus and there is no specific allegation of overt act against these petitioners. Petitioners claim clean antecedent.

8. Learned A.P.P. for the State vehemently opposed the bail application.

9. Considering the nature of accusation, injuries and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner nos. 1 & 2 in the

Patna High Court CR. MISC. No.72129 of 2025(2) dt.14-10-2025 3/3 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 Judicial Magistrate, 1st Class, Bhagalpur in connection with Kajraili P. S. Case No. 52 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