Hari Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4276 of 2025 Arising Out of PS. Case No.-267 Year-2024 Thana- BODHGAYA District- Gaya ====================================================== 1.
Hari Yadav S/O Hulash Yadav R/O Vill.- Pahari, P.S.- Fatehpur, District - Gaya 2.
Guddu Yadav @ Gudu Yadav S/O Hari Yadav R/O Vill.- Pahari, P.S.- Fatehpur, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Durgesh Nandan For the Opposite Party/s :
Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-05-2025 1.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
2.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 427, 504 and 506 of IPC.
3.
Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that while he along with his family members were watering their crops, when accused persons came and destroyed the submersible pipe, on objection Virendra with butt of riffle, Subodh with rods, Hari with tangi, and Om Prakash with lathi and other accused persons with lathi, danda, started assaulting
Patna High Court CR. MISC. No.4276 of 2025(3) dt.09-05-2025 2/3 him and his family members causing injury to Premchand on head, informant on ribs, further Virendra acted inappropriately with his daughter-in-law and disrobed her, while Subodh and Hari took her daughter and snatched a golden chain of her daughter, thereafter injured were admitted in the hospital. 4.
It is next submitted that on account of dispute relating to land, an altercation had taken place in which both sides assaulted each other. It is further submitted that no doubt allegation of assault is alleged, but no specific allegation of assault is alleged against the petitioners. It is also submitted that the injury suffered by the injured is simple in nature except that of Sanju and Ganga Yadav. It is next submitted that from perusal of the injury report of Ganga Yadav, it would manifest that he suffered injury on his ninth rib, which has been opined to be grievous, whereas Sanju suffered fracture of nasal bone, but then it is submitted that allegation of assault is not specific. It is also submitted that petitioners will not abscond rather will cooperate in the investigation to establish their innocence. 5.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the
Patna High Court CR. MISC. No.4276 of 2025(3) dt.09-05-2025 3/3 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. 25,000/- (Rupees Twenty-five 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 Bodhgaya P.S. Case No. 267 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS. 7.
However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioners, despite giving assurance to this Court, are not cooperating in the investigation, in that event, the learned trial court shall be at liberty to forthwith cancel the bail bonds of the petitioners. 8.
Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) SUMIT/- U T