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Patna High CourtCR. MISC./78509/2025allowed

Bipin Kumar Yadav @ Vipin Yadav v. The State Of Bihar

2025-11-28Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78509 of 2025 Arising Out of PS. Case No.-236 Year-2024 Thana- KHAIRA District- Jamui ====================================================== Bipin Kumar Yadav @ Vipin Yadav, S/o Parmeshwar Yadav, R/o VillageDumareya Tand, P.S.- Khaira, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 28-11-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Khaira P.S. Case No. 236 of 2024 registered for the offences punishable under Sections 34, 307, 323, 341, 506, 324 of the Indian Penal Code.

3. On account of a dispute arisen amongst the brother, including the petitioner due to way, the petitioner having sword in his hand brutally assaulted the informant and when the father of the informant came to his rescue, all the accused persons also assaulted him, due to which he sustained injuries.

4. Learned Advocate for the petitioner submitted that there is specific allegation against the petitioner of causing sword blow over the head of the informant, however, the injuries, which have been found over the head of the informant,

Patna High Court CR. MISC. No.78509 of 2025(2) dt.28-11-2025 2/3 are simple in nature. From the narrations made in the F.I.R. it is evident that all the parties are close relatives and they were bickering over a land and due to which a scuffle took place. The petitioner is absolutely fair antecedent and the occurrence took place in a heat of rage. Moreover, the petitioner undertakes that he will fully cooperate in the proceeding of the court and would not indulge in such type of crime in future.

5. On the other hand, learned APP for the State opposes the bail application and submits that the father of the petitioner has sustained one grievous injury and the petitioner has actively participated in the crime and assaulted the informant.

6. Regard being had to the submissions advanced by the learned Advocate for the parties and considering the nature of accusation against the petitioner, qua the simple injury, besides the fair antecedent and the genesis of the occurrence, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in

Patna High Court CR. MISC. No.78509 of 2025(2) dt.28-11-2025 3/3 connection with Khaira P.S. Case No. 236 of 2024, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner.

(Harish Kumar, J) uday/- U T