Abhishek Kumar @ Umesh Yadav @ Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73718 of 2025 Arising Out of PS. Case No.-11 Year-2024 Thana- CHAKARANDHA P.S. District- Gaya ====================================================== 1.

Abhishek Kumar @ Umesh Yadav @ Umesh Kumar S/O Thakuri Yadav R/O Village - Barha, P.S- Chhakarbandha, Dist- Gaya. 2.

Dilip Kumar S/O Thakuri Yadav R/O Village - Barha, P.S- Chhakarbandha, Dist- Gaya.

3.

Madan Yadav S/O Thakuri Yadav R/O Village - Barha, P.S- Chhakarbandha, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Javed Jafar Khan, Advocate For the State :

Mr. Nagendra Prasad, APP For the Informant :

Mr. Mahendra Thakur, Adv.

Mr. Krishna Prabhat, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State.

2. In the present case, the petitioners seek bail in connection with Chhakarbandha P.S. Case No. 11 of 2024, registered for the offences under Sections 191(2), 191(3), 126, 115(2), 352, 117, 351(2-4), 109, 76 of the BNS.

3. As per the prosecution case, petitioners and other co-accused persons indiscriminately assaulted the informant with lathi and when the father of the informant came for his rescue, the petitioner nos. 1 and 3 hit him with lathi on his left temple making him unconscious. Other family members of the informant were also assaulted including the female inmates of

2/4 the house of the informant.

4. Learned counsel appearing on behalf of the petitioners submits that the petitioners and the informant side are agnates and they have been falsely implicated due to previous enmity. The allegations are general and omnibus in nature. The FIR has been lodged after due deliberation as for the occurrence of 01.11.2024 the FIR has been lodged on 06.11.2024. The informant has concealed the true fact and lodged the instant FIR without assigning any motive or giving any reason. Learned counsel further submits that only one injury on the father of the informant has been found to be grievous. Petitioners are having clean antecedent and they are in custody since 30.07.2025 and charge sheet has been submitted.

5. Learned A.P.P. appearing for the State as well as learned counsel for the informant vehemently oppose the submission made on behalf of the petitioners. Learned counsel for the informant submits that there is specific allegation against petitioner nos. 1 and 3 that they assaulted the father of the informant on the left temple of his head and the injury report corroborates the allegation.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the

3/4 clean antecedent of the petitioners and their period of custody and submission of charge sheet, the petitioners are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned SDJM, Sherghati, Gaya/concerned court, in connection with Chhakarbandha P.S. Case No. 11 of 2024, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T

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