Pradip Kumar @ Krishna Mohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12680 of 2025 Arising Out of PS. Case No.-62 Year-2024 Thana- Khesar District- Banka ====================================================== Pradip Kumar @ Krishna Mohan Yadav Son of Anandi Prasad Yadav Resident of Village - Madhyagiri, P.S. - Khesar, District - Banka ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 12975 of 2025 Arising Out of PS. Case No.-62 Year-2024 Thana- Khesar District- Banka ====================================================== 1.

Indra Deo Yadav Son of Late Tetar Yadav Resident of village- Madhyagiri, PS- Khesar, Distt.- Banka 2.

Ram Lakhan Yadav Son of Anandi Yadav Resident of village- Madhyagiri, PS- Khesar, Distt.- Banka 3.

Debayanshu Yadav Son of Indra Deo Yadav Resident of villageMadhyagiri, PS- Khesar, Distt.- Banka 4.

Shibanshu Yadav Son of Indra Deo Yadav Resident of village- Madhyagiri, PS- Khesar, Distt.- Banka 5.

Amresh Yadav Son of Birbal Yadav Resident of village- Madhyagiri, PSKhesar, Distt.- Banka 6.

Bimali Devi Wife of Anandi Prasad Yadav Resident of village- Madhyagiri, PS- Khesar, Distt.- Banka 7.

Kajal Devi @ Kajal Kumari Wife of Krishna Mohan Yadav Resident of village- Madhyagiri, PS- Khesar, Distt.- Banka ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 12680 of 2025) For the Petitioner/s :

Mr.Vibhakar Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Matloob Rab, APP (In CRIMINAL MISCELLANEOUS No. 12975 of 2025) For the Petitioner/s :

Mr.Vibhakar Kumar, Adv.

For the Opposite Party/s :

Mr.Nawal Kishore Prasad,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA

2/4 ORAL ORDER 02-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Since both applications arise from the same P.S. case number, they have been heard together and are being disposed of by this common order.

3. The petitioners apprehend arrest in connection with Kheshar PS Case No. 62 of 2024 dated 26-11-2024 instituted for the offence punishable under Sections 126(2),115(2), 118(1), 117(2), 109, 74, 303(2), 352, 351(2),and 3(5) of the Bhartiya Nyaya Sanhita.

4. The prosecution case, in short, is that the petitioners, along with others, arrived at the door of the informant, Tinku Kumari, and started abusing her husband, Dinesh Kumar Yadav. When the informant's husband protested, the petitioner, Pradip Kumar @ Krishna Mohan Yadav in Cr. Misc. No. 12680 of 2025, inflicted an axe blow on his head. The other petitioners also assaulted him by means of lathi and danda. When Murari Yadav tried to intervene, co-accused Anandi Yadav inflicted an axe blow on his head. It is further alleged that co-accused Ashok Yadav, along with petitioner nos. 6 and 7, Bimali Devi and Kajal Devi @ Kajal Kumari in Cr. Misc. No. 12975 of 2024, caused injuries on the leg of Murari

3/4 Yadav with an axe. When the informant tried to intervene, petitioner no. 7, Kajal Devi @ Kajal Kumari in Cr. Misc. No. 12975 of 2024, assaulted her and snatched her gold chain.

5. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the instant case. So far as the allegation against the petitioner in Cr. Misc. No. 12680 of 2025 is concerned, it is submitted that he is alleged to have inflicted an axe blow on the head of the informant's husband. However, the doctor has opined that the injury sustained is simple in nature and was caused by a hard and blunt substance. The allegation of assaulted is not corroborated by the injury report.

6. So far as the allegation against the petitioners in Cr. Misc. No. 12975 of 2025 is concerned, it is submitted that there are no specific allegations against the petitioners; rather the accusations leveled against them are general and omnibus in nature. It is submitted that both parties are residents of the same village. Lastly, it is submitted that none of the petitioners in either case have any criminal antecedents.

7. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

8.Having considered the facts and circumstances of

4/4 the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners in both cases be released on bail 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 CJM 1st Banka, in Khesar PS Case No. 62 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

9. The applications stand allowed.

(Khatim Reza, J) shyambihari/- U T