Binod Yadav @ Binodi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42770 of 2025 Arising Out of PS. Case No.-307 Year-2021 Thana- PIRPAINTI District- Bhagalpur ====================================================== Binod Yadav @ Binodi Yadav S/O- Late Saheb Yadav, R/O VillageParswbanna, P.S.- Pirpinti, Distt.- Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-07-2025 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 Pirpainti P.S. Case No. 307 of 2021, dated 29.12.2021 registered for the offences punishable under Sections 341, 323, 307, 504 and 506 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, on 27.12.2021 at around 04:30 PM, the accused persons armed with iron-rod entered into the house of informant and started abusing, on her objection, they assaulted the informant by means of fists and sticks. When the son of informant came to her rescue then Prayag Yadav with an intention to kill assaulted him by means

Patna High Court CR. MISC. No.42770 of 2025(2) dt.16-07-2025 2/3 of an iron-rod due to which he got badly injured. Another son of the informant namely, Dilkhush Yadav came to save them, but he was also assaulted by the accused persons.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to ulterior motive. There is no specific allegation of any assault or overt against the petitioner, rather the allegation against him is general and omnibus. There is general and omnibus allegation against the petitioner. The specific allegation of assault is against Prayag Yadav who, with an intention to kill, has assaulted the son of informant by means of iron-rod due to which he got badly injured. There is admitted land dispute between the parties and both the parties are agnates. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got three criminal antecedents as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 10.02.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as petitioner's period of custody, the petitioner, above-named, is directed to be enlarged

Patna High Court CR. MISC. No.42770 of 2025(2) dt.16-07-2025 3/3 on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Bhagalpur, in connection with Pirpainti P.S. Case No. 307 of 2021, on further condition:

(I) The petitioner is directed to remain physically present before the learned trial Court on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T