Rajeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32326 of 2026 Arising Out of PS. Case No.-355 Year-2016 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Rajeshwar Yadav Son of Ramdhyan Yadav Resident of village- Chitahan, P.S. Banjariya,Dist- East Cahmparn , Motihari 2.

Birbahadur Yadav Son of Rajeshwar Yadav Resident of village- Chitahan, P.S. Banjariya,Dist- East Cahmparn , Motihari 3.

Upendra Yadav Son of Rajeshwar Yadav Resident of village- Chitahan, P.S. Banjariya,Dist- East Cahmparn , Motihari 4.

Teja Yadav Son of Rajeshwar Yadav Resident of village- Chitahan, P.S. Banjariya,Dist- East Cahmparn , Motihari 5.

Phuljhan Yadav Wife Birbahadur Yadav Resident of village- Chitahan, P.S. Banjariya,Dist- East Cahmparn , Motihari 6.

Indu Devi Wife of Teja Yadav. Resident of village- Chitahan, P.S. Banjariya,Dist- East Cahmparn , Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mrs. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 07-05-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Turkauliya (Banjariya) P.S. Case No. 355 of 2016 for the offence under Sections 147, 148, 149, 323, 384, 427, 504, 506, 354 and 379 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 09.08.2016 at about 2:00 P.M., while the informant along with his mother

Patna High Court CR. MISC. No.32326 of 2026(2) dt.07-05-2026 2/3 and sister was engaged in paddy transplantation in his field situated at village Bhithaon, the F.I.R. named accused persons along with 5-6 unknown persons, armed with deadly weapons, arrived there, abused them, and assaulted the informant and his family members. It is alleged that the accused persons demanded extortion money for carrying out cultivation and threatened the informant with dire consequences. During the occurrence, the accused persons allegedly uprooted paddy seedlings, assaulted the women members of the family, outraged the modesty of the informant's mother by tearing her clothes, and forcibly obtained the informant's thumb impression on blank stamp papers. The accused persons are also alleged to have committed theft of gold and silver ornaments belonging to the informant's mother.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case due to village politics. It is further submitted that the allegations made against the petitioners are general and omnibus in nature, and no specific allegation has been attributed against them. Learned counsel also submits that Petitioner No. 2 had earlier instituted Turkauliya (Banjariya) P.S. Case No. 277 of 2015 against the informant and his family members regarding

Patna High Court CR. MISC. No.32326 of 2026(2) dt.07-05-2026 3/3 the kidnapping of his daughter. It is further contended that the offences punishable under Sections 384 and 354 of the Indian Penal Code are not made out from the facts and circumstances of the case. A statement has been made in para 3 of the bail application that petitioner has clean antecedent.

5. Learned APP opposes the prayer for bail.

6. Keeping in view the aforesaid facts, this Court is inclined to extend them the privilege of anticipatory bail.

7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Turkauliya (Banjariya) P.S. Case No. 355 of 2016 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the condition that one of the bailors should be close relative of the petitioners.

(S. B. Pd. Singh, J) Ankit Kumar/- U T