Bindeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10353 of 2025 Arising Out of PS. Case No.-14 Year-2025 Thana- LAHERIYASARAI District- Darbhanga ====================================================== 1.

Bindeshwar Yadav S/o Sri Kishun Yadav R/o Vill- Abhanda, P.S.- Laheriyasarai, Distt.- Darbhanga 2.

Yogendra Kumar @ Yogendra Yadav S/o Bindeshwar Yadav R/o VillAbhanda, P.S.- Laheriyasarai, Distt.- Darbhanga 3.

Vikas Kumar S/o Sri Umesh Yadav R/o Yusufganj, Narsari Road, P.S. - Laheriyasarai, Distt.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 09-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in Laheriyasarai P.S. Case No. 14 of 2025 instituted for the offence under Sections 190, 191(2), 191(3), 115(2), 117(2), 118(1), 109, 262, 263(a), 132, 121(1), 121(2), 352, 351(2) of the Bhartiya Nyaya Sanhita, 2023.

3. As per allegation in the FIR, while police officials reached at Saidnagar Abhanda for executing attachment and warrant against accused Jitendra Kumar in another case, Petitioner no. 1 (father of accused), petitioner no. 2 (brother of

Patna High Court CR. MISC. No.10353 of 2025(3) dt.09-05-2025 2/3 accused) and other 10-15 accused persons including the petitioner no. 3 misbehaved with the police officials, tried to snatch their service pistols and created hindrance in official duty by pelting the stones upon them. In the alleged scuffle, several police officials received injury and taking the benefit of scuffle, Jitendra Kumar ran away.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. Petitioners are only the members of mob. General and omnibus allegations have been levelled against the petitioners. Due to high handedness of police officials, petitioners have been made accused in the present case. After completion of investigation, chargesheet has been submitted against the petitioners. Petitioners are languishing in judicial custody since 05.01.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail after framing of charge. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to

Patna High Court CR. MISC. No.10353 of 2025(3) dt.09-05-2025 3/3 the satisfaction of the learned CJM, Darbhanga in connection with Laheriyasarai P.S. Case No. 14 of 2025 with following conditions;

(i) One of the bailors should be close relative of the petitioner.

(ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bonds may be cancelled by the learned trial Court.

(S. B. Pd. Singh, J) sushma/- U