Arjun Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73419 of 2025 Arising Out of PS. Case No.-204 Year-2025 Thana- HISUWA District- Nawada ====================================================== Arjun Prasad Yadav Son of Late Badho Yadav Resident of Village - Achalpur, Police Station - Hisua, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-02-2026 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Hisua P.S. Case No. 204 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 109(1), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Allegedly in the morning of the fateful day, while the wife of the informant alongwith their children went to the field, in the meanwhile, the accused persons surrounded them and brutally assaulted. There is a specific accusation against the petitioner of causing assault by means of gadasa below the eyes of the daughter of the informant, namely Anisha Kumari. There is further allegation of snatching of valuables against other

Patna High Court CR. MISC. No.73419 of 2025(3) dt.11-02-2026 2/3 accused persons.

4. Learned Advocate appearing on behalf of the petitioner submitted that the parties are agnates and the petitioner is none else but happens to be uncle of the informant. However, on account of previous land dispute, both the parties have entered into a free fight, resulting into some unfortunate injuries. Prior to the institution of this case, there is Hisua P.S. Case No. 203 of 2025 lodged by the petitioner against the members of the prosecution's side. So far the injury which is allegedly sustained to the daughter of the informant, namely Anisha Kumari is concerned, the same has been found to be simple in nature, as is evident from the injury report discussed in paragraph no. 43 of the case diary.

5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that there is a specific accusation against the petitioner of causing assault.

6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the factum of case and counter case, coupled with the simple nature of injury, as well as the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event

Patna High Court CR. MISC. No.73419 of 2025(3) dt.11-02-2026 3/3 of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Hisua P.S. Case No. 204 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) supratim/- U T