Mangal Yadav @ Abhay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85983 of 2025 Arising Out of PS. Case No.-122 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.

Mangal Yadav @ Abhay Kumar Yadav Son of Late Rameshwar Rai @ Rameshwar Prasad Yadav Village - Dhanauji, P.S.- Pakridayal Dist.- East Champaran at Motihari.

2.

Jitendra Yadav Son of Rameshwar Rai @ Rameshwar Prasad Yadav Village - Dhanauji, P.S.- Pakridayal Dist.- East Champaran at Motihari. 3.

Chandradeo Rai Son of Jamadar Rai Village - Dhanauji, P.S.- Pakridayal Dist.- East Champaran at Motihari.

4.

Harendra Rai @ Hari Rai Son of Nabab Rai Village - Dhanauji, P.S.- Pakridayal Dist.- East Champaran at Motihari. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Umashankar Singh, Advocate Mr.Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr.Jai Narain Thakur, A.P.P.

Mr. VRP Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2025 Heard learned counsel for the parties.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 341, 342, 302, 307, 324, 325, 323, 326, 120B, 504, 506 of the Indian Penal Code.

3. Prosecution case, in brief, is that on 04.05.2022 at about 4 PM, all the F.I.R. named accused persons including these petitioners assaulted husband and bhaisur of the informant with various weapons as a result of which they sustained several injuries and during course of treatment, husband of the

Patna High Court CR. MISC. No.85983 of 2025(2) dt.22-12-2025 2/3 informant died.

4. It is submitted on behalf of the petitioners that allegation of assault is general and omnibus and there is no specific allegation of overt act against these petitioners. Police after investigation submitted charge-sheet only against six accused persons on 1.8.2022 and name of these petitioners were not included in the charge-sheet and on that basis Sessions Trial No. 960 of 2022 was started and accused persons have already been convicted on 25.09.2025. It is further submitted that a supplementary final report was submitted vide Final Report No. 612 of 2025 dated 13.7.2025 in which involvement of these petitioners was not found in the alleged offence and as such, petitioners were not sent up for trial, however, differing with the same, court below took cognizance. Similarly situated coaccused has already been allowed bail by this Court vide order passed in Cr.Mis.No. 84999/2025.

5. Learned counsel for the State and the informant oppose the prayer for pre-arrest bail.

6. Considering the aforesaid facts of the case, prayer for bail of all these petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing

Patna High Court CR. MISC. No.85983 of 2025(2) dt.22-12-2025 3/3 bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate III, Motihari, East Champaran in Pakridayal Police Station Case No. 122 of 2022, subject to the conditions laid down under section 482 of the B.N.S.S.

(Prabhat Kumar Singh, J) Shashi U T