Narayan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37288 of 2025 Arising Out of PS. Case No.-443 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Narayan Yadav Son of Late Baleshwar Yadav Resident of Village - Pirnagra, Police Station - Beldaur, District - Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar, Advocate For the Opposite Party/s :
Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Beldaur P.S. Case No. 443 of 2024 registered for the alleged offences under Sections 329(3), 111, 109, 303(2), 308(2), 308(5), 352, 351(2) and 3(5) of B.N.S. and Section 27 of the Arms Act.
3. As per prosecution case, the petitioner and coaccused Jawahar Yadav demanded Rs.Two lakhs as extortion money from the informant for allowing him to cultivate his land. When the informant opposed, the petitioner fired upon him with country made katta and the shot missed him. The informant handed over Rs.15,000/- to the petitioner for saving his life. The petitioner demanded further money from him. The petitioner
2/4 and co-accused persons also threatened the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The parties are having a dispute related to a piece of land bearing Khata No. 99, Khesra No. 131 having area of 10 bigha 9 katha 10 dhur and Title Suit No. 72 of 2015 has been pending for adjudication of the said dispute. For this reason, the informant has falsely implicated the petitioner and other coaccused persons taking advantage of the fact that the informant is having relative in Police Department. The FIR has been lodged after delay of two days without any satisfactory explanation.
Learned counsel further submits that the petitioner is having antecedent of altogether 13 cases, in one of the cases he has been acquitted and another case final form has been submitted and 8 cases have been lodged by the informant, his nephew and brother. Learned counsel further submits that a case bearing Case No. 471M of 2023 under Section 145 Cr.P.C. ended in favour of the petitioner as the proceeding was dropped which was initiated at the instance of the informant.
3/4 vide orders dated 28.04.2025 and 05.05.2025 passed in Cr. Misc. Nos. 19867 of 2025 and 25054 of 2025, respectively. The petitioner is in custody since 04.02.2025 and charge sheet has been submitted.
5. Learned APP opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the background of land dispute between the parties and also considering the submission of charge sheet, period of custody and grant of regular as well as anticipatory bail to similarly placed co-accused persons, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria/concerned Court in connection with Beldaur P.S. Case No. 443 of 2024, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the 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
4/4 court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T