Belbhadar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36254 of 2025 Arising Out of PS. Case No.-186 Year-2024 Thana- KATORIYA District- Banka ====================================================== 1.

Belbhadar Yadav S/O Jangali Yadav Resident of village- Mochanavaran, P.S.-Katoria, District-Banka.

2.

Ajay Yadav S/O Jangali Yadav Resident of village-Mochanavaran, P.S.- Katoria, District-Banka.

3.

Mahesh Yadav S/O Jangali Yadav Resident of village-Mochanavaran, P.S.- Katoria, District-Banka.

4.

Mukesh Yadav S/O Jangali Yadav Resident of village-Mochanavaran, P.S.- Katoria, District-Banka.

5.

Anjan Kumar Yadav Son of Belbhadr Yadav Resident of villageMochanavaran, P.S.-Katoria, District-Banka. 6.

Shanti Devi Wife of Ajay Yadav Resident of village- Mochanavaran, P.S.- Katoria, District- Banka.

7.

Birma Devi wife of Belbhadar Yadav. Resident of village- Mochanavaran, P.S.- Katoria, District- Banka.

8.

Hiria Devi wife of Jangali Yadav Resident of village- Mochanavaran, P.S.- Katoria, District- Banka.

9.

Sonia Devi wife of Mukesh Yadav Resident of village- Mochanavaran, P.S.- Katoria, District- Banka.

10.

Bharat Yadav son of Matal Yadav Resident of village- Mochanavaran, P.S.- Katoria, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-09-2025

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

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2. This application, for grant of anticipatory bail, arises out of Katoriya Police Station Case No. 186 of 2024, disclosing offences under Sections 126(2)/115(2)/118(1)/117(2)/74/303(2)/324(4)/352/351(2) /3(5) of the Bhartiya Nyaya Sanhita.

3. The prosecution case, as per the First Information Report, is that on 20.08.2024, all the petitioners, variously armed, entered into the house of the informant and started abusing and assaulting. The petitioner no. 5 assaulted by means of axe due to which the informant sustained injury on her left hand, her daughter sustained injury on her head and her husband, Kaleshwar Yadav, sustained injury on his left hand. It has further been alleged that petitioner no. 6 snatched golden chain from the informant.

4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case due to previous land dispute and village politics and there is general and omnibus allegation against the petitioners. He next submits that informant's husband, namely, Kaleshwar Yadav, sustained grievous injury on his index finger which is non-vital part of the body, whereas, other injuries sustained by him are simple in

3/4 nature. He further submits that a counter case, bearing Complaint Case No. 1487 of 2024, has also been lodged by the side of the petitioners against the informant and others for the same occurrence.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that there is general and omnibus allegation against the petitioners, case and counter-case is there between the parties and injuries caused by the victim-Kaleshwar Yadav, are simple in nature except injury sustained on his index finger which is non-vital part of the body, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Katoriya Police Station Case No. 186 of 2024, subject to the condition laid down under Section 482 (2) of the Bhartiya

4/4 Nagrik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J) ashwani/- U T