Bijendra Yadav @ Baiju Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39190 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- BHAPTIAHI District- Supaul ====================================================== 1.
Bijendra Yadav @ Baiju Yadav S/O Late Maheshwari Yadav Resident of Village- Garhiya, Ward no. 10, Bhaptiyahi, PS- Bhaptiyahi, District- Supaul 2.
Deepak Kumar S/O Bijendra Yadav @ Baiju Yadav Resident of VillageGarhiya, Ward no. 10, Bhaptiyahi, PS- Bhaptiyahi, District- Supaul 3.
Raushan Kumar S/O Bijendra Yadav @ Baiju Yadav Resident of VillageGarhiya, Ward no. 10, Bhaptiyahi, PS- Bhaptiyahi, District- Supaul ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Arvind Kumar, Advocate Ms. Diksha Kumari, Advocate For the Opposite Party :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-07-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Bhaptiahi P.S. Case No. 30 of 2025 instituted for the offence under Sections 140(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The case of the prosecution is that when the informant's son, Shyam Karna Kumar was going for bidaai of his sister, then as he reached near Pandit Tola, a black coloured Maruti Alto car was already standing there. Four persons being
Patna High Court CR. MISC. No.39190 of 2025(2) dt.01-07-2025 2/3 armed with weapon started assaulting Shyam Karna Kumar. They also took him and went towards north. It has also been alleged that 10 days prior to the occurrence, Raushan Kumar has threatened Shyam Karna Kumar of dire consequences.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Learned counsel submits that during investigation, Shyam Karna Kumar has given his statement under Section 183 of the BNSS. In his statement he has stated that four boys, namely, Raushan, Jitendra, Deepak and Sandeep assaulted him. It is further alleged that as he reached on the door of Baiju, Gajendra slapped him. Learned counsel further submits that there is dispute between the parties regarding election. The nature of allegation is general and omnibus. In the statement under Section 183 of the BNSS, Shyam Karna has named Raushan and Deepak. As far as Bijendra is concerned, he is father of these two. He has been framed due to political enmity.
5. In contra, learned APP appearing for the State has opposed the prayer for bail of the petitioners.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this
Patna High Court CR. MISC. No.39190 of 2025(2) dt.01-07-2025 3/3 Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Bhaptiahi P.S. Case no. 30 of 2025, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Durgesh/- U T