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Patna High CourtCR. MISC./27835/2025bail rejected

Bhavesh Yadav @ Bhavesh Kumar Yadav v. The State Of Bihar

2025-05-07Mr. Justice Alok Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27835 of 2025 Arising Out of PS. Case No.-375 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

Bhavesh Yadav @ Bhavesh Kumar Yadav Son of Vidyanand Yadav Resident of Village - Sonbarsha, P.S.- Chautham, District - Khagaria. 2.

Bhushan Yadav Son of Vidyanand Yadav Resident of Village - Sonbarsha, P.S.- Chautham, District - Khagaria.

3.

Vidyanand Yadav @ Vidhyanand Yadav Son of Late Gongi Yadav Resident of Village - Sonbarsha, P.S.- Chautham, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Budhilal Yadav For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 07-05-2025 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State, .

2. Learned counsel appearing for the petitioners submits that the petitioner No.1 and 3 have already been arrested and hence the anticipatory bail application has now become infructuous as against petitioner No.1 and 3.

3. As prayed for by learned counsel for the petitioners, this bail application is dismissed as against petitioner No.1 and 3.

4. So far as bail petition of petitioner No.2 is concerned, the petitioner No.2 apprehends his arrest in

Patna High Court CR. MISC. No.27835 of 2025(2) dt.07-05-2025 2/3 connection with Chautham P.S. Case No. 375 of 2024, registered under Sections 126(2), 115(2), 308(2), 352, 351(2), 351(3), 3(5) of the Bhartiya Nyaya Sanhita.

5. As per the prosecution case, the informant,namely, Jalo Yadav, alleged that on 14.12.2024 at around 11:00 A.M., petitioner No.2 called him on his mobile and demanded Rs. 1,00,000/- as extortion, threatening consequences if not paid. It is further alleged that on 15.12.2004 at noon, all accused persons including petitioner along with 8-10 unknown persons, assaulted him physically. Petitioner No.2 alleged pulled out a sword and attacked the informant with kicks and punches. It is further alleged that on 21.12.2024, at about 9:00 P.M., petitioner No.2 and 3 opened fire on the informant.

6. Learned Counsel for the petitioners submits that the petitioner No.2 is innocent and has falsely been implicated in the present case. Learned counsel for petitioner No.2 further submits that he has clean antecedent.

7. Learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail considering the serious nature of allegation.

8. Considering the serious nature of allegation levelled against the petitioner No.2, Bhushan Yadav of demanding

Patna High Court CR. MISC. No.27835 of 2025(2) dt.07-05-2025 3/3 Rangdari and of firing on the informant, this Court is not inclined to grant anticipatory bail to petitioner No.2. therefore, the bail petition as against petitioner No.2 is rejected. (Alok Kumar Sinha, J) sanjeev/- U T