Gauri Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2946 of 2026 Arising Out of PS. Case No.-116 Year-2025 Thana- HARLAKHI District- Madhubani ====================================================== 1.
Gauri Devi W/O Upendar Yadav @ Upendra Yadav Resident of villageKundal Madhiya, P.S. Harlakhi District- Madhubani 2.
Phul Kumar Yadav Son of Upendra Yadav Resident of village- Kundal Madhiya, P.S. Harlakhi District- Madhubani 3.
Ranjeet Yadav Son of Upendra Yadav Resident of village- Kundal Madhiya, P.S. Harlakhi District- Madhubani 4.
Pradeep Kumar Yadav @ Pradeep Yadav Son of Upendra Yadav Resident of village- Kundal Madhiya, P.S. Harlakhi District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash, Advocate For the Opposite Party/s :
Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-01-2026
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Harlakhi P.S. Case no.116 of 2025 registered under Sections 126(2), 115(2), 352, 351(2), 109, 74, 303(2) and 3(5) of B.N.S, 2023.
3. The allegation in the F.I.R is that all the F.I.R named accused persons including the petitioners herein came to the house of the informant variously armed and started abusing the informant. On protest, accused Alok Kumar Yadav assaulted
Patna High Court CR. MISC. No.2946 of 2026(2) dt.28-01-2026 2/3 the informant with iron rod causing injuries.
4. Learned counsel for the petitioners submits that there is general and omnibus allegation levelled against the petitioners of assault and the specific allegation is upon coaccused Alok Kumar Yadav, who is not the petitioner in the present application. It is further submitted that there is inordinate delay of three days in lodging of F.I.R, for which no explanation has been tendered. Learned counsel for the petitioner referring to the bail rejection order submits that all injuries are on non-vital part of the body but in any view of the matter, the same is not attributable to the present petitioners. The petitioners undertake to co-operate in case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and circumstances of the case and also considering that there is general and omnibus allegation levelled against these petitioners which also includes 70 years old man and the injuries sustained by the informant is not attributable to these petitioners, it is directed that the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in
Patna High Court CR. MISC. No.2946 of 2026(2) dt.28-01-2026 3/3 connection with Harlakhi P.S. Case no.116 of 2025 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 concerned where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the following conditions:- (I) One of the bailors of the petitioners shall be the family member/close relative of the petitioner. (II) He shall co-operate in the investigation/trial. (Soni Shrivastava, J) Harsh/- U T