Dilip Yadav @ Dileep Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13424 of 2025 Arising Out of PS. Case No.-47 Year-2021 Thana- BHEJA District- Madhubani ====================================================== Dilip Yadav @ Dileep Kumar Yadav S/o Kamal Prasad Yadav @ Kamal Yadav R/o Village- Koriyadhant, P.S.- Bheja, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Bharti, Adv.
For the Opposite Party/s :
Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and Learned Counsel for the Informant who appeared suo moto.
2. The petitioner seeks regular bail in connection with Sessions Trial No.404 of 2024 arising out of Bheja P.S. Case No.47 of 2021 (corresponding to G.R. No.903 of 2021) lodged under Sections 341, 323, 324, 307, 302, 504, 506/34 of the IPC read with Section 27 of the Arms Act.
3. As per the prosecution case, the FIR has been lodged against 24 named and 10-15 unknown accused persons with allegation that they have reached on a land which is used to plough by younger brother and other relative of the informant. When relatives of the informant forbid them then the petitioner and others had attacked by fursa. The specific allegation is
Patna High Court CR. MISC. No.13424 of 2025(2) dt.11-04-2025 2/3 against Sunil Yadav to assault by iron rod and against rest persons, there is allegation that they have made indiscriminate firing, but by the said firing, no injury has been caused.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that from the contents of FIR, it becomes crystal clear that land dispute is going between the parties.
5. Counsel further submits that the petitioner's antecedent is not clean. There are 2 criminal cases pending against him in which he is on bail. Counsel further submits that 5 co-accused persons have been granted bail by Co-ordinate Bench of this Court vide order dated 27.06.2023 passed in Cr. Misc. No.20237 of 2023.
6. Counsel for the informant vehemently opposes the prayer for bail and submits that there is specific allegation against petitioner and his antecedent is also not clean.
7. Learned counsel for the State opposes the prayer for bail and submits that allegation of firing is there, but from the said firing, injury has not been caused.
8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, on furnishing bail bonds of Rs.30,000/-
Patna High Court CR. MISC. No.13424 of 2025(2) dt.11-04-2025 3/3 (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-I, Jhanjharpur, Madhubani in connection with Sessions Trial No.404 of 2024 arising out of Bheja P.S. Case No.47 of 2021 (corresponding to G.R. No.903 of 2021), subject to the following conditions as laid down under Section 437(3) of Cr.P.C.
(Dr. Anshuman, J.) Prakashmani/- U T