Patna High CourtCR. MISC./36368/2025bail granted

Rahul Yadav v. The State Of Bihar

2025-06-23Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36368 of 2025 Arising Out of PS. Case No.-11 Year-2024 Thana- Kanaria District- Saharsa ====================================================== Rahul Yadav Son of Birendra Yadav R/O Village - Ghoghsam Ward No.- 1, P.S.- Kaneria, District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Murari Mishra, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kanariya P.S. Case No. 11 of 2024 dated 03.09.2024 registered for the offences punishable u/s 126(2), 115(2), 118(1), 109,303(2), 351(2), 352 read with 3(5) of B.N.S.

3. The case of the prosecution, as per written report of the informant, Raj Kishor Yadav, in brief, is that on 02.09.2024 at around 08:30 O'clock in the evening, his son Baljit Yadav went to attend the call of nature in the south direction from his house. At that time, (1) Pappu Yadav, (2) Rahul Yadav, (3) Rajiv Yadav, (4) Birendra Yadav and five unknown men had ambushed and were waiting for his son armed with weapons and

Patna High Court CR. MISC. No.36368 of 2025(2) dt.23-06-2025 2/3 iron made Dabiya, iron rod. When his son sat down to attend the call of nature everyone saw him and surrounded him and tried to kill him. Pappu Yadav injured him by hitting severe Dabiya blows on the forehead of his son Baljit Yadav. Rahul Yadav snatched the golden chain (Chakti) from his neck worth Rs. 52,000/- and his Realme mobile which cost around 14,500/- rupees. Other people beaten him and left him half dead. On hearing the noise, the informant and his family members ran towards them then all miscreants ran away. Seeing his son in a badly injured condition, brought him to Saharsa for treatment from where Doctor referred the injured to Patna where he is undergoing treatment at PMCH.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is named in the FIR. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. It is submitted that all injury of injured Baljeet Yadav is simple in nature caused by hard and blunt substance. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.12.2024.

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.36368 of 2025(2) dt.23-06-2025 3/3 opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, in connection with Kanariya P.S. Case No. 11 of 2024.

7. This application is allowed.

(Chandra Prakash Singh, J) Raj Ranjan/- U T