Yogendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3871 of 2025 Arising Out of PS. Case No.-235 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Yogendra Yadav S/o- Late Ramgulam Yadav @ Gulam Yadav VillageBetaunha PS- Jainagar Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Priya Ranjan, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-03-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Jainagar PS Case No. 235 of 2024, disclosing offences punishable under Section 126(2) and other allied sections of the B.N.S. Act.

3.

The prosecution story, as per the First Information Report, is that on on 10.08.2024 in the afternoon, the buffalo of the informant went towards his neighbour's house, upon which the neighbour of the informant started abusing, however the father of the informant apologized and told that the buffalo was not untied by him and during tying the same, by mistake, the buffalo went towards the door of his neighbour. Upon this,

Patna High Court CR. MISC. No.3871 of 2025(2) dt.07-03-2025 2/3 co-accused Deepak Kumar and Rajendra Yadav assaulted informant's father by rod on his head, due to which he sustained injury in the middle of his head. Co-accused Vikash Yadav also assaulted informant's father on head by rod but somehow he missed the target and informant's father received injury near his eyes. It has further been alleged that petitioner along with Kailash Yadav started abusing and resorting to stone pelting, due to which, the informant and his mother sustained injury. 4.

Learned Counsel for the petitioner submits that petitioner is aged about 70 years old and he happens to be father of co-accused Deepak Kumar. Learned counsel further submits that there is specific allegation of assault upon the deceased Ramnath Yadav against three accused persons namely Deepak Kumar, Rajendra Yadav and Vikash Kumar who assaulted the informant's father, due to which, he died during treatment. He next submits that there is no allegation against the petitioner that he assaulted the deceased. The informant and his mother have not received any injury. The entire family members of the co-accused Deepak Kumar, altogether 09 in number, have been made accused. The petitioner is stated to be having no criminal antecedent.

5.

Regard being had to the submissions made on

Patna High Court CR. MISC. No.3871 of 2025(2) dt.07-03-2025 3/3 behalf of the parties and taking into consideration the fact that petitioner is not the assailant of the deceased and the injury caused to the deceased are attributable to the co-accused persons, the informant and his mother have not received any injury and the petitioner is 70 years old as claimed by him, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Jainagar PS Case No. 235 of 2024, subject to the condition laid down under Section 482 of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T