Naresh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79797 of 2025 Arising Out of PS. Case No.-289 Year-2025 Thana- NARPATGANJ District- Araria ====================================================== 1.
Naresh Yadav S/o Raj Kishor Yadav Resident of Village- Kanhaili, Ward No. 06, P.S.- Narpatganj, District- Araria 2.
Arun Yadav S/o Raj Kishor Yadav Resident of Village- Kanhaili, Ward No. 06, P.S.- Narpatganj, District- Araria 3.
Raj Kishor Yadav S/o Late Hari Prasad Yadav (but according to Aadhar about 78 years old), Resident of Village- Kanhaili, Ward No. 06, P.S.- Narpatganj, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kishore Bharti, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 117(2), 118(1), 109, 352, 351(2) and 3(5) of B.N.S., 2023.
3. Learned counsel for the petitioners submits that petitioners no.1 and 3 are persons with clean antecedent and petitioner no.2 has antecedent of one case and the informant alleges that accused persons came on her land and were ploughing, accordingly, the police was informed, thus they left,
2/4 but after sometime, 12 named accused persons including the petitioners came and Raj Kishore Yadav gave orders to assault thereafter Naresh Yadav and Arun Yadav caught her and Gaurav Yadav assaulted her by farsa causing injury on head, while Prince Kumar assaulted her father-in-law Anmol Yadav by sword causing injury on head, thereafter Arun Yadav assaulted her husband Sunil Kumar repeatedly by farsa causing injury on head, next alleges that on account of assault, her nose fractured while her father-in-law suffered fracture of left hand and Kumita Devi snatched her chain and Amit Kumar also assaulted.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant on account of dispute relating to land. It is next submitted that from side of the petitioners Narpatganj P.S. Case No.292 of 2025 has been instituted against the informant and their side. It is also submitted that from perusal of the allegations, as alleged in the FIR, it would manifest that against petitioner no.3, it is alleged that he gave orders to assault and petitioner no.1 along with Arun Yadav caught the informant when Gaurav Yadav assaulted her by farsa and petitioner no.2 is alleged to have assaulted the husband of the informant repeatedly by farsa causing injury on head but then it is
3/4 submitted that from perusal of the injury report of Anmol Yadav and Sunil Kumar, it would manifest that they suffered simple injury, as would manifest from the injury report annexed as Annexure-3 series. It is thus submitted that allegation of assault does not get corroborated by the injury report. It is reiterated and submitted that on account of dispute relating to land, the occurrence is alleged to have taken place. It is fairly submitted that as far as injury of informant is concerned, the same is not on record but then Gaurav Yadav is alleged to have assaulted who is not the petitioner in the instant anticipatory bail application.
5. Learned APP opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, let petitioners, above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Narpatganj P.S. Case No.289 of 2025, subject to the conditions
4/4 as laid down under Section 482(2) of the B.N.S.S. (Satyavrat Verma, J) Sanjay/- U T