Abhyas Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3100 of 2025 Arising Out of PS. Case No.-221 Year-2024 Thana- PASRAHA District- Khagaria ====================================================== 1.

Abhyas Yadav Son of Late Sitabi Yadav Resident of Village - Badi Bandehra, P.S. - Pasraha, District - Khagaria 2.

Hulo Yadav Son of Late Medo Yadav Resident of Village - Badi Bandehra, P.S. - Pasraha, District - Khagaria 3.

Santosh Yadav Son of Lalo Yadav Resident of Village - Badi Bandehra, P.S. - Pasraha, District - Khagaria 4.

Lalo Yadav Son of Late Sitabi Yadav Resident of Village - Badi Bandehra, P.S. - Pasraha, District - Khagaria 5.

Uday Yadav Son of Late Gulo Yadav Resident of Village - Badi Bandehra, P.S. - Pasraha, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. Petitioners apprehend their arrest for an offence punishable under Sections 126(2), 115(2), 303(2), 329(3), 74, 3(5) of Bharatiya Nyaya Sanhita.

3. As per allegation in the FIR, informant had taken some land on lease from one Md. Ajhad @ Md. Yasir. On 31.08.2024, petitioners forcefully started cultivation on the said land. The petitioners assaulted the informant and made firing

Patna High Court CR. MISC. No.3100 of 2025(2) dt.05-02-2025 2/3 with rifles which led to the informant along with his family members fleeing away from the leased land. It is further alleged that the petitioners snatched a mobile phone from the informant's daughter-in-law and gave ill treatment.

4. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. He further submits that there is general and omnibus allegation against the petitioners. He next submits that neither empty cartridges have been found nor any injury has been brought on record by the prosecution. He next submits that petitioners have got three criminal antecedents as stated in para-3 of the petition.

5. Learned APP for the State opposes the prayer for bail of the petitioners

6. Considering the facts and circumstances of the case and also the fact that there is admitted land dispute between the parties and no injuries were found on the person of the informant. Let the above named petitioners, be released on anticipatory bail, in the event of their arrest or surrender before the Court below, within a period of six weeks from today, on their furnishing bail bonds of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.3100 of 2025(2) dt.05-02-2025 3/3 learned Judicial Magistrate Ist Class, Khagaria/concerned Court in connection with Pasraha P.S. Case No. 221 of 2024, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

(Ramesh Chand Malviya, J) Harshita/- U T