Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28381 of 2026 Arising Out of PS. Case No.-235 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Rajesh Yadav, S/o Lilu Yadav @ Manoj Yadav, R/o Village - Churamanpur, P.S - Buxar (Industrial), District -Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Buxar (Industrial) P.S. Case No.235 of 2025, registered under Sections 126(2), 115(2), 109(1), 303(2), 351(2), 352, 3(5) of BNS.

3. As per the prosecution case, the petitioner and other co-accused persons assaulted the informant and his son and also snatched a bag containing Rs.25,000/-.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence in the manner as alleged has ever taken place. The dispute arose between the parties over installation of fodder machine and some scuffle took place, but no serious

Patna High Court CR. MISC. No.28381 of 2026(2) dt.05-05-2026 2/3 injury was caused to any person and no money was looted. The learned counsel further submits that there is delay of three days in lodging the FIR and it shows afterthought and deliberation on the part of the informant. The allegation of threatening the informant with firearm and snatching the bag containing money is ornamental. The petitioner and the informant are neighbours and it is improbable that the petitioner would snatch the money from his neighbour in the village itself. Though there is allegation against the petitioner that he hit the informant over his head with lathi, but the injury report shows only simple injury over head of the informant and there is no specific allegation of assault for causing other injuries against the petitioner, who is having clean antecedent.

5. The learned APP vehemently opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the simple nature of injury of the informant and further considering the possibility of false accusation and also considering the clean antecedent of the petitioner, let the petitioner above named in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail,

Patna High Court CR. MISC. No.28381 of 2026(2) dt.05-05-2026 3/3 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar/court concerned, in connection with Buxar (Industrial) P.S. Case No. 235 of 2025, subject to the condition laid down under Section 482 (2) of the BNSS, 2023 and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the below, if so required by the learned trial court.

(Arun Kumar Jha, J) V.K.Pandey/- U T