Biro Yadav @ Viro Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22919 of 2025 Arising Out of PS. Case No.-87 Year-2024 Thana- KIUL District- Lakhisarai ====================================================== 1.
Biro Yadav @ Viro Yadav S/o Tunha Yadav @ Tunha R/village - Basmatiya, P.S - Kiul, Dist. - Lakhisarai 2.
Kampani Yadav @ Kambani Yadav @ Kampani S/o Tunha Yadav @ Tunha R/village - Basmatiya, P.S - Kiul, Dist. - Lakhisarai 3.
Ramdahin Yadav @ Ramdahin Kumar S/o Tunha Yadav @ Tunha R/village - Basmatiya, P.S - Kiul, Dist. - Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the State :
Mr. Umesh Lal Verma, A.P.P.
For the Informant :
Mr. Umesh Kumar Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-04-2025 Heard Learned Counsel for the petitioners, Learned Counsel for the informant and Learned APP for the State.
2. The petitioners are apprehending arrest in connection with Kiul P.S. Case No. 87 of 2024 lodged on 13.10.2024, for the offence punishable under Sections 126(2), 115, 109(1), 303(2), 352, 351(2), 117 and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution, FIR has been lodged against nine accused persons. The allegation against all the accused persons that they all surrounded the informant's side and assaulted on the head and left leg of Abhishek Kumar due to
Patna High Court CR. MISC. No.22919 of 2025(2) dt.30-04-2025 2/3 which, injury has been caused to him and he was admitted to hospital. The demand of Rs. 10 lakhs ransom is the subject matter of the dispute shown in the F.I.R.
4. Learned Counsel for the petitioners submits that all the petitioners are innocent. He further submits that the dispute with regard to grazing of buffaloes in the field of the parties which was stopped by the opponent for which a 'panchayati' was taken place but even after panchayati, the other parties have attacked on the opponent which resulted into scuffling and injury has been caused to both the sides as alleged in the FIR. Learned Counsel further submits that there is allegation against the petitioners that they have assaulted the informant's brother on the head and leg but he submits that injury which was caused does not match with the allegation as alleged in the FIR. The allegation of multiple injuries alleged in the F.I.R. whereas Doctor has found only two injuries. Both the parties are well known to each other and basically they are agnates. Counsel further submits that antecedents of the petitioners are clean.
5. Learned Counsel for the informant vehemently opposes the prayer for bail and submits that the specific allegation is against these petitioners for assaulting the brother of the informant due to which he sustained injuries.
Patna High Court CR. MISC. No.22919 of 2025(2) dt.30-04-2025 3/3
6. Learned APP for the State opposes the prayer for bail of the petitioners and submits that there are allegations against these petitioners.
7. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioners, which is accordingly rejected.
8. However, in the event of surrender of the petitioners within four weeks from today, the prayer for regular bail shall be considered on the same day without being prejudiced by the order of this Court.
(Dr. Anshuman, J) Neha/- U