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Patna High CourtCR. MISC./7194/2025bail granted

Rajnandan Yadav v. The State Of Bihar

2025-02-14Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7194 of 2025 Arising Out of PS. Case No.-86 Year-2024 Thana- BELAGANJ District- Gaya ====================================================== 1.

Rajnandan Yadav Son of Shankar Yadav Resident of Village - Amjhar, P.S. - Belaganj, District -Gaya 2.

Ravi Kumar Son of Rajnandan Yadav Resident of Village - Amjhar, P.S. - Belaganj, District -Gaya 3.

Ravindra Kumar Son of Rajnandan Yadav Resident of Village - Amjhar, P.S. - Belaganj, District -Gaya 4.

Geeta Devi Wife of Rajnandan Yadav Resident of Village - Amjhar, P.S. - Belaganj, District -Gaya 5.

Rubi Devi @ Rubi Kumari Wife of Ravindra Kumar Resident of Village - Amjhar, P.S. - Belaganj, District -Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 14-02-2025 Heard the parties.

2. The petitioners apprehend their arrest in connection with Belaganj P.S. Case No. 86 of 2024, registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504, 34 of the Indian Penal Code.

3. Allegedly on the alleged date of occurrence while panchayati was going on, in the meantime, all the FIR named accused persons came there and started abusing. On protest being made, the accused persons, including the petitioners

Patna High Court CR. MISC. No.7194 of 2025(2) dt.14-02-2025 2/3 assaulted the informant and his son by means of lathi, danda, iron rod and bricks.

4. Learned Advocate for the petitioners referring to the FIR firstly contended that there is omnibus nature of allegation against all the FIR named accused persons. The alleged occurrence took place on 03.01.2024 but surprisingly the FIR has been instituted on 06.02.2024, after a delay of more than a month without there being any explanation. It is next contended that though the allegation has been levelled against the accused persons that the son of the informant has sustained some injury but surprisingly no injury report has been placed before the learned court below despite on demand. It is lastly contended that one of the co-accused person, who was facing identical allegation, has been allowed the privilege of anticipatory bail by this Court in Cr. Misc. No.69851 of 2024 vide order dated 23.10.2024. The petitioners bear fair antecedent and they undertake that they will fully cooperate in the proceeding of the court.

5. On the other hand, learned Advocate for the State opposed the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the delay in lodging of the

Patna High Court CR. MISC. No.7194 of 2025(2) dt.14-02-2025 3/3 FIR, coupled with the fair antecedent and the fact that coaccused persons having identical allegation have been allowed the privilege of anticipatory bail by this Court, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. Case No. 86 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) Anjani/- U T