Patna High Court – Orders
Ashish Kumar vs The State Of Bihar on 20 August, 2025
Author: Ajit Kumar
Bench: Ajit Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36848 of 2025
Arising Out of PS. Case No.-888 Year-2021 Thana- MADHEPURA District- Madhepura
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1. Ashish Kumar S/o- Maheshwari Yadav @ Maheshwari Pd. Yadav Resident
of village- Goudhiyari P.S. Madhepura District- Madhepura.
2. Nitish Kumar S/o- Maheshwari Yadav @ Maheshwari Pd. Yadav Resident of
village- Goudhiyari P.S. Madhepura District- Madhepura.
3. Maheshwari Yadav @ Maheshwari Prasad Yadav S/o- Late Vasudeo Yadav
Resident of village- Goudhiyari P.S. Madhepura District- Madhepura.
4. Raja Kumar S/o- Late Indo Yadav Village- Sahugadh Morkahi Tola Ps Dist-
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Madhav Jha, Adv.
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 20-08-2025
Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Madhepura P.S. Case No. 888 of 2021, dated 15.11.2021,
registered for the offence punishable under Sections 447, 448,
341, 323, 324, 307, 354-B, 379, 504, 34 of the Indian Penal
Code.
3. The case of prosecution, in short, is that one
Rudranarayan Yadav gave a written report to SHO Madhepura
P.S. on 15.11.2021 at 11:25 O’clock alleging therein that 1.
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Ashish Kumar, 2. Nitish Kumar 3. Maheshwari Yadav 4. Raja
Kumar came to his courtyard armed with Lathi, danda, rod,
three-nut and farsha due to old land dispute. They all entered to
my angan. Maheshwari Yadav ordered to kill. Ashish Kumar
assaulted the hand of informant by lathi. Ashish Kumar further
assaulted the head of informant. Maheshwari Yadav also
assaulted Raja Kumar, who sustained head injury. Nitish Kumar
assaulted Sudhir Yadav on his head by farsha, due to which his
ear was cut. Ashish and Nitish entered into his house, broken the
box and looted Rs.10,000/- cash, jewellery worth Rs. 30,000
and clothes of Rs. 5000. Raja Kumar fired in air and with the
help of villagers all injured persons were brought to the Sadar
Hospital Madhepura for treatment, from where referred to
Madhepura Medical College due to seriousness of injury.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and no occurrence has taken
place in the manner as alleged in the F.I.R. From the contents of
the F.I.R., it would appear that there is admitted land dispute
between the parties and looting of cash and jewellery are
ornamental. The informant side himself attacked on petitioners
side. Petitioner no. 1 Ashish sustained grievous head injury
while they also assaulted the leg of Nitish Kumar, subsequently,
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his leg became fracture. Informant side assaulted on the
shoulder of Maheshwari Yadav.
5. It has next been submitted that informant of this
case has also looted cash Rs. 51,000/- and one mobile of Rs.
10,000/-. Petitioner side also lodged F.I.R. against the informant
side bearing Madhepura P.S. Case No. 908 of 2021, dated
20.11.2021 for the occurrence which was taken place on
13.11.2021.
6. Learned counsel for the petitioners has taken this
Court to the F.I.R. which is said to have been lodged by them
and from the contents of the F.I.R., it is quite apparent that there
was scuffle between them and during course of said transaction,
the injuries were sustained by both of parties and even these
petitioners who are seeking bail in the case lodged by the
informant have sustained injury. Looking to the seriousness of
the injuries, the petitioner no. 1 was sent from Sadar Hospital
Madhepura to Madhepura Medical College, where the Doctors
having found the seriousness of the injuries required him to be
referred to the P.M.C.H., Patna where petitioner no. 1 was
treated for a long time and thereafter the victim was discharged.
7. Learned A.P.P., on the other hand appeared and
opposed the prayer for anticipatory bail to the petitioners by
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submitting that the injuries were caused to the informant and his
family members and though, as per the opinion given by the
Doctor, the injuries are simple in nature. The injuries have also
been sustained by the petitioner no. 1 and he was also referred
to P.M.C.H., Patna for better treatment which is a fact that
cannot be disputed.
8. Considering the fact that there is case and counter
case between the parties and both the parties have sustained
injuries, further the petitioner no. 1 was referred to the P.M.C.H.
for better treatment and taking into account nature of injury
sustained by both the sides for which the cases of the kind has
been instituted by both the parties, let the above named
petitioners, be released on anticipatory bail, in the event of their
arrest or surrender before the learned Court below within a
period of six weeks from today, on furnishing bail bond of
Rs.10,000/- (Ten thousand) each with two sureties of the like
amount each to the satisfaction of learned C.J.M., Madhepura in
connection with Madhepura P.S. Case No. 888 of 2021, subject
to the condition as laid down under Section 438(2) of the Cr.P.C.
(Ajit Kumar, J)
pravinkumar/-
U T