Mahendra Yadav @ Mahendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26717 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

Mahendra Yadav @ Mahendra Kumar, Son of Late Ramotar Yadav, resident of Village-Siswa, P.S.- Chautham, Distt.- Khagaria 2.

Santsharan Yadav Son of Ravindra Yadav, resident of Village-Siswa, P.S.- Chautham, Distt.- Khagaria 3.

Kaushal Yadav, Son of Pandav Yadav, resident of Village-Siswa, P.S.- Chautham, Distt.- Khagaria 4.

Pappu Yadav, son of Late Rambalak Yadav, resident of Village-Siswa, P.S.- Chautham, Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Chautham P.S. Case No. 32 of 2025 dated 03.02.2025 instituted for the offence punishable under Sections 126(2), 127(2), 115(2), 118(1), 308(2), 109, 303(2), 191(2), 191(3), 352, 351(2), 351(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. The prosecution case, in short, is that on the alleged date of occurrence, the informant along with her family

Patna High Court CR. MISC. No.26717 of 2025(2) dt.07-05-2025 2/3 members was irrigating maize fields. In the meantime, the petitioners along with other accused persons armed with illegal weapon, came there and made firing and also abused them. It is alleged that they locked the informant's husband and both sons in a room of Panchayat Bhawan and demanded five lakh rupees as ransom from the informant, otherwise they would kill them.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that F.I.R. has been lodged against 12 persons including the petitioners and 10-15 unknown persons. There is no specific allegation against the petitioners rather the allegation against the petitioners is general and omnibus. It is alleged that four persons were injured in the said occurrence, but no injury report is available on the record. There is case and counter case between the parties. Counter case bearing Chautham P.S. Case No. 33 of 2025 has been lodged under section 126(2), 115(2), 308(3), 351(2), 351(3) 3(5) of Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act by Muneshwar Prasad against the informant and others. Lastly, it has been submitted that petitioner no. 1 has two criminal cases, petitioner no. 4 has one criminal case and petitioner nos. 2 & 3 have no criminal antecedents.

Patna High Court CR. MISC. No.26717 of 2025(2) dt.07-05-2025 3/3

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Having considered the facts and circumstances oft the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Chautham P.S. Case No. 32 of 2025, they will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Khagaria subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T