Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22023 of 2025 Arising Out of PS. Case No.-132 Year-2024 Thana- RAHUI District- Nalanda ====================================================== 1.

Upendra Yadav S/o- Lakha Yadav Village- Nejam Bigha Ps- Rahui DistNalanda 2.

Umesh Yadav S/o- Lakha Yadav Village- Nejam Bigha Ps- Rahui DistNalanda 3.

Hardeo Yadav S/o- Amrit Yadav Village- Nejam Bigha Ps- Rahui DistNalanda 4.

Rajesh Yadav S/o- Hardeo Yadav Village- Nejam Bigha Ps- Rahui DistNalanda 5.

Rajeev Yadav S/o- Hardeo Yadav Village- Nejam Bigha Ps- Rahui DistNalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Nayan, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 325, 307, 379, 427, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per F.I.R., on 11.03.2024 while the informant along with this father and brother was going to village Bemani to deliver Tilak money, they were attacked by the F.I.R. named

Patna High Court CR. MISC. No.22023 of 2025(3) dt.22-07-2025 2/3 accused persons, including these petitioners, armed with lathi and iron rod, causing severe injuries to them. It is further alleged that co-accused, Vikash Yadav assaulted on the head of brother of informant with iron rod and snatched his gold chain and co-accused Karu Yadav took away mobile phone of informant, whereas co-accused Ranjit Yadav looted cash of Rs 2,00,000 on gun point.

4. Learned counsel for the petitioners submits that allegation of assault is general and omnibus. There is no specific allegation of overt act against these petitioners. Specific accusation of committing loot and assault is against other coaccused persons. Injuries allegedly sustained by the injured are simple in nature. It is further submitted that similarly situated co-accused, namely, Bipin Yadav has already been granted anticipatory bail by co-ordinate Bench of this Hon'ble Court vide order dated 25.02.2025 passed in Cr. Misc. No. 5597 of 2025. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their

Patna High Court CR. MISC. No.22023 of 2025(3) dt.22-07-2025 3/3 arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bihar Sharif, Nalanda in connection with Rahui P. S. Case No. 132 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T