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Patna High CourtCR. MISC./78713/2025disposed

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

2025-12-04Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78713 of 2025 Arising Out of PS. Case No.-206 Year-2025 Thana- BELHAR District- Banka ====================================================== 1.

Abhishek Kumar Yadav @ Ashutosh Kumar S/O Krishna Kumar Yadav R/O Village- Tugharo, P.S- Katoriya, Distt.- Banka. 2.

Sajjan Kumar @ Sajjan Kumar Yadav S/O Nand Kishor Yadav R/O VillageLakshminagar (Lulha), P.S- Belhar, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Ms. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-12-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 117(2), 303(2), 324(4), 109 and 3(5) of the B.N.S., 2023.

3. Learned counsel for the petitioners after arguing vehemently for sometime, realizing his difficulty, seeks permission to withdraw the anticipatory bail application with respect to petitioner no.1, namely, Abhishek Kumar Yadav @ Ashutosh Kumar.

4. Permission is accorded.

Patna High Court CR. MISC. No.78713 of 2025(2) dt.04-12-2025 2/3

5. Learned counsel for the petitioner submits that petitioner no.2 has antecedent of two cases and the informant alleges that 10.07.2025 at 9 P.M. seven named accused persons including the petitioners were trying to construct a shop on his land, on objection, Rajeev assaulted him by stone causing injury on head, while Pappu was also assaulted and Abhishek assaulted Bhairav, aged about 63 years by lathi indiscriminately causing fracture of bone and also assaulted Onkar by lathi causing injury on hand, further Sajan along with other accused also assaulted.

6. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation, as alleged in the FIR, it would manifest that as far as petitioner is convened, the allegation of assault against him is general and omnibus in nature.

7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

8. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.78713 of 2025(2) dt.04-12-2025 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Belhar P.S. case No.206/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

(Satyavrat Verma, J) amit/- U T