Farindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8382 of 2025 Arising Out of PS. Case No.-178 Year-2024 Thana- JOGAPATTI District- West Champaran ====================================================== Farindra Yadav Son of Swaminath Yadav Resident of Village - Chamukha, P.S.- Yogapatti, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Kumar Pandey, Adv For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP For the Informant :

Mr. Umesh Chandra Verma, Adv :

Mr. Sagar Kumar, Adv :

Mr. Hemant Ray, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-03-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Yogapatti P.S. Case No. 178 of 2024 registered for the offences punishable under Sections 147, 148, 341, 323, 327, 307, 354, 379, 504 and 506 of the Indian Penal Code.

3. The allegation against the petitioner is to assault informant and other family members causing head and other bodily injuries, where as per narration of FIR

Patna High Court CR. MISC. No.8382 of 2025(2) dt.06-03-2025 2/3 occurrence took place in the background of land dispute.

4. Learned counsel appearing on behalf of the petitioner while referring to the para-6 of the impugned order submitted that upon perusal of case diary no injury upon head of the informant's husband was found. It is also submitted that the allegation to cause physical assault is also available against so many persons, whereas this petitioner was alleged to cause specific assault on the head of the injured. It is pointed out that in absence of any injury on the head of the informant's husband, implication of petitioner prima-facie appears doubtful with the present occurrence. While concluding the argument it is submitted that petitioner found involved in one more criminal case, where he is on bail.

5. Learned APP duly assisted by learned counsel appearing on behalf of informant, while opposing the prayer of bail submitted that petitioner actively participated in the occurrence and as per FIR he alleged to assault on the head of informant's husband.

6. In view of the facts and circumstances and by taking note of the fact as in view of specific allegation qua

Patna High Court CR. MISC. No.8382 of 2025(2) dt.06-03-2025 3/3 petitioner to assault on the head of informant's husband, where upon medical examination no such injury was found upon his head making prima-facie doubt his involvement qua occurrence, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Trial Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned I/C Sessions Judge, West Champaran at Bettiah/concerned Trial Court where the case is pending in connection with Yogapatti P.S. Case No. 178 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T