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Patna High CourtCR. MISC./77618/2025partly allowed disposal

Bablu Yadav v. The State Of Bihar

2025-11-27Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77618 of 2025 Arising Out of PS. Case No.-123 Year-2025 Thana- MANPUR District- Nalanda ====================================================== 1.

Bablu Yadav S/o Tuni Yadav R/o Village- Goraiyapar, P.S- Manpur, DistNalanda 2.

Ajeet Yadav @ Mukhiya S/o Tuni Yadav R/o Village- Goraiyapar, P.SManpur, Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. At the outset, learned counsel for the petitioners seeks permission to withdraw this application on behalf of petitioner no.1.

3. Permission is granted.

4. Accordingly, the instant application is dismissed as withdrawn on behalf of petitioner no.1. However, if the petitioner no.1 surrenders before the learned Court below within a period of four weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order.

Patna High Court CR. MISC. No.77618 of 2025(2) dt.27-11-2025 2/3

5. Now, this application survives only with regard to petitioner no.2.

6. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109(1), 352, 3(5) of the B.N.S., 2023.

7. The allegation in the first information report is that the petitioner along with other co-accused persons have assaulted the informant.

8. Learned counsel for the petitioner has submitted that so far as the petitioner no.2, Ajeet Yadav is concerned, besides general and omnibus allegations of assault there is specific allegation of assault on the head of the informant, however the injury report of the informant (Annexure-P/2) does not disclose any such injury. Further, it has been stated that on account of an earlier litigation between the parties entire family of the petitioner has been made accused in the present case.

9. Learned APP for the State opposed the grant of bail on the basis of allegations made in the first information report.

10. Taking into consideration the facts and circumstances and also considering the allegation that the assault attributed to the petitioner does not have any corresponding injury, let the above named petitioner no. 2, who

Patna High Court CR. MISC. No.77618 of 2025(2) dt.27-11-2025 3/3 has no criminal antecedent, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Manpur P.S. Case No. 123 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. (Soni Shrivastava, J) anand/- U T