Dismissed¶27

Maheshwari Yadav @ Maheshwar Yadav v. The State of Bihar

Patna HC11 Jul 2025CR. MISC./37511/2025

Case brief

AI extract

What is this about?

Anticipatory bail dismissed; CRIMINAL MISCELLANEOUS No.37511 of 2025; Patna High Court; Ashok Kumar Pandey, J.; decision dated 11-07-2025; Bakhtiyarpur P.S. Case No. 464 of 2024; District Saharsa; Bharatiya Nyaya Sanhita Sections 115, 118(1), 126(2), 109, 352, 303(2), 3(5); armed assault on informant's husband; six injuries; frontal scalp injury simple in nature; counsel Binod Kumar Sinha for petitioners, Rajesh Kumar APP for State.

What did the court decide?

Considering the submissions of the parties and taking into account the nature of injuries caused to the person of the victim, the Court weighed against granting anticipatory bail. ¶24

Maheshwari Yadav @ Maheshwar Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37511 of 2025

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Arising Out of PS. Case No.-464 Year-2024 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa

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======================================================

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Maheshwari Yadav @ Maheshwar Yadav S/o- Late Laxmi Yadav Resident of VillageBhatpura, W.No- 9, PS- Bhakhtiyarpur District- Saharsa

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Saurav Kumar S/o- Maheshwari Yadav @ Maheshwar Yadav Resident of VillageBhatpura, W.No- 9, PS- Bhakhtiyarpur District- Saharsa

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Pankaj Kumar S/o- Maheshwari Yadav @ Maheshwar Yadav Resident of VillageBhatpura, W.No- 9, PS- Bhakhtiyarpur District- Saharsa

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Jaykrishna Yadav @ Jaykrishn Kumar@Jay Krishan Yadav S/o- Maheshwari Yadav @ Maheshwar Yadav Resident of VillageBhatpura, W.No- 9, PSBhakhtiyarpur District- Saharsa

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Sinha, Adv. For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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2 11-07-2025

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Heard Mr. Binod Kumar Sinha, learned counsel for

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the petitioners and Mr. Rajesh Kumar, learned APP for the State.

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2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Bakhtiyarpur P.S. Case No. 464 of 2024 instituted for the offence under Sections 115, 118(1), 126(2), 109, 352, 303(2), 3(5) of the Bharatiya Nyaya Sanhita.

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The case of the prosecution is that the husband of the informant was feeding his cattle on 05.10.2024 at 05:00 PM. At that time, all the petitioners, along with 4-5 other persons

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Patna High Court CR. MISC. No.37511 of 2025(2) dt.11-07-2025 2/3

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being armed with weapons, arrived there and started abusing and assaulting. It is specifically stated that Maheshwari Yadav was assaulted with a knife blow that hit in right hand. Saurav Kumar assaulted with farsa due to which the husband of the informant has cut injury on his leg. Pankaj Kumar made a firing. It is further alleged that Jay Krishna Kumar assaulted at many places with sword to Nunu Lal Yadav (the husband of the informant).

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Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. He also submits that the petitioners and informant are agnates, they are having land dispute. It has lastly been submitted that a statement has been made in para-3 of this petition that the petitioner nos. 1 and 2 have two criminal antecedents whereas petitioner Nos. 3 and 4 have no criminal antecedent.

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In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners and submits that from perusal of the order of the trial court, it will transpire that the petitioners have badly assaulted the husband of the informant, and from perusal of the injury report, it will transpire

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Patna High Court CR. MISC. No.37511 of 2025(2) dt.11-07-2025 3/3

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that the husband of the informant has received six injuries on different parts of his body. Injury No. 2 is on the frontal scalp, though the doctor has found that the nature of the injury is simple.

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Considering the aforesaid submissions of the parties and taking into account the fact that the nature of injuries which has been caused to the person of the victim, this Court is

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not inclined to grant anticipatory bail to the petitioners.

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Accordingly, the present anticipatory bail

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application is hereby rejected.

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(Ashok Kumar Pandey, J)

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Sudhanshu/-

Maheshwari Yadav @ Maheshwar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Maheshwari Yadav @ Maheshwar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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