Chingi Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34936 of 2025 Arising Out of PS. Case No.-20 Year-2025 Thana- CHOUTARWA District- West Champaran ====================================================== 1.
Chingi Yadav S/o Late Yamuna Yadav Resident of Village - Lagunaha, Ward No. 10, Police Station - Chautarwa, District - West Champaran 2.
Satish Yadav @ Satish Kumar S/o Chingi Yadav Resident of Village - Lagunaha, Ward No. 10, Police Station - Chautarwa, District - West Champaran 3.
Manish Yadav @ Manish Kumar S/o Chingi Yadav Resident of Village - Lagunaha, Ward No. 10, Police Station - Chautarwa, District - West Champaran 4.
Suman Yadav @ Suman Kumar S/o Parbhu Yadav Resident of Village - Lagunaha, Ward No. 10, Police Station - Chautarwa, District - West Champaran 5.
Darshan Yadav S/o Kanhaiya Yadav @ Kanhai Yadav Resident of Village - Lagunaha, Ward No. 10, Police Station - Chautarwa, District - West Champaran 6.
Dilip Yadav @ Dilip Kumar S/o Parbhu Yadav Resident of Village - Lagunaha, Ward No. 10, Police Station - Chautarwa, District - West Champaran 7.
Pintu Yadav @ Pintu Kumar S/o Sambhu Yadav Resident of Village - Lagunaha, Ward No. 10, Police Station - Chautarwa, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :
Mr.Nawal Kishore Prasad, APP For the Informant :
Mr. Kanhaiya Rao, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-08-2025 Heard learned Counsel for the petitioners, learned APP for the State and learned counsel for the Informant.
2. The petitioners who apprehend arrest in connection with Chautarwa P.S. Case No. 20 of 2025 lodged on 23.01.2025,
2/4 for the offences punishable under sections 126(2), 115(2), 118(2), 109, 329 (4), 117(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, the F.I.R. has been lodged against 12 named accused persons with the allegation that all of them assaulted the informant's side with lathi, farsa and danda, as a result of which injuries were caused to the informant's side and bleeding occurred from the body and head. It is further alleged that one of the accused posted on Facebook claiming that he had taken revenge.
4. It is submitted by learned counsel for the petitioners that the petitioners are innocent and have committed no offence. The petitioners have clean antecedents. Learned counsel further submits that the petitioners have been falsely implicated in this case inasmuch as in the F.I.R. neither the date nor the time of occurrence has been mentioned, whereas in the fardbeyan it is stated that a scuffle had started among the children of the family and subsequently the same escalated to the elderly members of both sides. It is further submitted that on the same day, two F.I.Rs. were lodged, namely, Chautarwa P.S. Case No. 19 of 2025 and Chautarwa P.S. Case No. 20 of 2025. Learned counsel submits that since both families are well
3/4 acquainted with each other, the dispute that originated among the children eventually involved the elders, resulting in injuries on both sides. Learned counsel lastly submits that the Case Diary has been called for to verify the injury report.
5. Learned APP for the State vehemently opposes the prayer for bail and submits that the injury report has already been called for from the case diary. From the case diary it transpires that the scuffle had taken place between both parties over a petty dispute arising out of children of the two families playing together, which subsequently escalated into a scuffle between the elderly members of the families.
6. Learned counsel for the informant also vehemently opposes the prayer for bail and submits that there is a specific allegation against the petitioners with respect to assault. Though the F.I.R. does not mention the exact date and time of occurrence, the pro forma of the F.I.R. clearly indicates the lodging of the case. He further submits that on earlier occasions as well, the case diary had been called for.
7. In the facts and circumstances, let the above named petitioners be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) each as
4/4 mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the ACJM-1, Bagaha, West Champaran, in connection with Chautarwa P.S. Case No. 20 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Dr. Anshuman, J) Ashwini/- U T