Shambhu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5348 of 2025 Arising Out of PS. Case No.-42 Year-2023 Thana- BAHERI District- Darbhanga ====================================================== 1.
Shambhu Yadav son of Ramesh Yadav @ Umesh Yadav Resident of village - Dohatha, Ps- Ghanshayampur, Dist- Darbhanga 2.
Rabindra Yadav son of Suresh Yadav Resident of village - Dohatha, PsGhanshayampur, Dist- Darbhanga 3.
Sunaina Devi wife of Ashok Yadav village- Kamarpokhar, Ps- Baheri, DistDarbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baidyanath Prasad, Adv.
For the Opposite Party/s :
Mr. Rana Randhir Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2025 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 143, 341, 323, 324, 308, 379, 504, 34 of the Indian Penal Code.
3. As per prosecution case, the petitioners along with other co-accused persons are said to have assaulted the informant and his wife brutally by means of deadly weapons.
4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place.
Patna High Court CR. MISC. No.5348 of 2025(2) dt.07-03-2025 2/3 They have falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. Nothing specific has been attributed against them. There is admitted land dispute between the parties. There is inordinate and abnormal delay of 16 days in lodging the FIR without assigning any plausible and convincing reason for the said delay. Similarly situated coaccused have been enlarged on bail by this court vide order dated 22.02.2024 passed in Cr. Misc. No. 10382 of 2024. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners and similarly situated co-accused have been granted bail by this Court, let the above named petitioners, be released on 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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Baheri P.S. Case No.42 of 2023,
Patna High Court CR. MISC. No.5348 of 2025(2) dt.07-03-2025 3/3 subject to the condition as laid down under Section 482 (2) of the B.N.S.S.,2023 (Anjani Kumar Sharan, J) divyanshi/- U T