Dhurendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76039 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- MANPUR District- West Champaran ====================================================== Dhurendra Yadav, Son of Late Jagdish Yadav, Resident of Village- Damrapur, Ward No.- 09, P.S.- Manpur, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharad Kumar Verma, Advocate Ms. Harsha Shashwat, Advocate For the State :
Mr. Abhay Kumar Roy, APP For the Informant :
Mr. Arvind Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 27-11-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Manpur P.S. Case No. 53 of 2025 registered for the offences punishable under Sections 126(3), 115(2), 118(1), 117(2), 109(1), 303(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioner is of causing repeated Farsa blow over the head of the informant, due to which he sustained injury. There is further allegation against other co-accused persons of causing assault by means of Lathi, leading to fracture injury over the hand and legs of the informant, besides the allegation of snatching Rs.5,000/- from
2/4 the pocket.
4. Learned Advocate for the petitioner taking this Court through the F.I.R. contended that though the allegation levelled against the petitioner is of causing assault by means of Farsa, but the injury report of the injured clearly suggests that he sustained two injuries over his head, one lacerated wound and the another pain and swelling present on the mid part of the head, but none of the injuries have been found to be grievous in nature. So far the injury sustained over the arm and leg of the informant are concerned, these injuries have been found to be grievous in nature, which are not attributed to the petitioner. Taking note of the similar submissions with respect to Chhotelal Kumar, against whom there was allegation of wrapping Gamchha in his neck and assaulted on legs, he has been accorded the privilege of anticipatory bail by a Bench of this Court in Cr. Misc. No. 68539 of 2005. There is counter version of the present case, being Manpur P.S. Case No. 55 of 2025.
5. On the other hand, learned APP for the State and the learned Advocate for the informant vehemently oppose the bail application and submit that the allegation of causing Farsa blow is corroborated with the injury report, inasmuch as two injuries have been found over the head of the informant and, as
3/4 such, complicity of the petitioner cannot be ruled out; besides the fact that the petitioner also bears one criminal antecedent.
6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the factum of case and counter case, coupled with the simple nature of injury, besides the fact that co-accused, namely, Chhotelal Kumar, has been allowed the privilege of anticipatory bail, 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 Additional Chief Judicial Magistrate-I, West Champaran at Bettiah in connection with Manpur P.S. Case No. 53 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further conditions:
(i) One of the bailors shall be the own/close relative of the petitioner.
(ii) In case, the petitioner shall be found indulged in intimidating the witness or informant or would further indulge in such type of activities, the informant and the State shall be at
4/4 liberty to file application for cancellation of the bail bonds of the petitioner.
(Harish Kumar, J) uday/- U T