Sajan Yadav @ Sajjan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39015 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- Chhaudahi District- Begusarai ====================================================== 1.
Sajan Yadav @ Sajjan Yadav S/o- Ram Jatan Yadav Village- Ekamba Ward no-10 PS- Chhaurahi District- Begusarai 2.
Udayant Kumar @ Udayan Yadav S/o- Madan Yadav Village- Ekamba Ward no-10 PS- Chhaurahi District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandan Kumar Kashyap, Adv.
For the Opposite Party/s :
Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-06-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.
2. The present Criminal Miscellaneous Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioners who apprehend their arrest in connection with Chhaurahi P.S. Case No.07 of 2025 lodged on 12.01.2025, for the offences punishable under Sections 191(2), 191(3), 308(5), 109(1), 115(2), 76 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against 10 named accused persons including petitioners with allegation
Patna High Court CR. MISC. No.39015 of 2025(2) dt.25-06-2025 2/3 that petitioner No.1 has assaulted by lathi, due to which right shoulder has been broken and allegation against other accused persons to assault the informant.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that due to village politics, petitioners' name have been figured in this case and made accused. He further submits that there is a dispute of land between the parties for which title suit is pending.
5. Counsel submits that the criminal antecedent of the petitioners are clean and ready to fulfill all the conditions whatsoever shall be imposed upon them. He further submits that injury report of informant has been attached by which there is no report of fracture.
6. Learned APP for the State opposes the prayer for bail of the petitioners and submits that there is specific allegation against petitioner No.1 and in rejection order itself, the injury has been found dangerous to life and grievous in nature.
7. As such, in the present facts and circumstances of this case, let the above named petitioner No.2, namely, Udayant Kumar be released on anticipatory bail, in the event of arrest or
Patna High Court CR. MISC. No.39015 of 2025(2) dt.25-06-2025 3/3 surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of C.J.M., Begusarai in connection with Chhaurahi P.S. Case No.07 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
8. So far as the petitioner No.1, namely, Sajan Yadav, is concerned, this Court is not inclined to grant anticipatory bail to the petitioner No.1, therefore the bail application of the petitioner No.1 is hereby rejected. (Dr. Anshuman, J.) Prakashmani/- U T