Rajesh Kumar Yadav @ Rajesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39612 of 2025 Arising Out of PS. Case No.-83 Year-2024 Thana- SIMULTALLA District- Jamui ====================================================== Rajesh Kumar Yadav @ Rajesh Yadav S/O Late Arjun Yadav R/O VillageFatehpur, P.S.- Simultala, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Devika Rani, Advocate For the Opposite Party/s :
Mr.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 13-08-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Simultala P.S. Case No. 83 of 2024, registered for the offence punishable under Sections 191(1), 126(2), 115(2), 118(1), 109(1), 308(3), 308(4), 132, 121(1), 121(2), 329(3), 352, 351(2) and 351(3) of the Bhartiya Nyaya Sanhita (BNS).
3. In para 3 of the bail application, the petitioner has disclosed that apart from the present case, the petitioner is accused in 16 criminal cases. The details of which are as follows :- (i) Deoghar Town (Jharkhand) P.S. Case No. 314/2009 under sections 354, 467, 474, 363,120(B), 469, 468 of IPC, (ii) Simultallah P.S. Case No. 67/2011 under sections 323,
2/5 341, 364/34 IPC. later on, section 302, 120(B) IPC added in this case, (iii) Chandramandi P.S. Case No. 58/2011 under sections 395, 397 IPC, (iv) Chandramandi P.S. Case No. 231/2023 under sections 387/34 IPC. In all the aforesaid cases the petitioner is on bail. (v) Bariyatu (Ranchi Jharkhand) P.S. Case No. 01/2017 under section 324 IPC, in which he has been acquitted, (vi) Mohanpur (Deoghar Jharkhand) P.S. Case No. 35/2010 under sections 395, 397, 412 IPC, in which he has been acquitted. (vii) Simultalla P.S. Case No. 38/2009 under sections 302, 201, 34 IPC, in which he is on bail. (viii) Jasidih (Deoghar Jharkhand) P.S. Case No. 165/2010 under sections 384(A), 34 IPC, in which he is on bail. (ix) Simultallah P.S. Case No. 138/2023 under sections 25(1-B) A, 26, 35 Arms act, in which he is on bail. (x) Jasidih (Deoghar Jharkhand) P.
S. Case No. 352/2023 under sections 384, 385, 387, 34 IPC, in which he is on bail. (xi) Simultalla P.S. Case No. 136/2023 under sections 385, 387/34 IPC, in which he is on bail. (xii) Simultalla P.S. Case No. 84/2024 under sections 126(2), 115(2), 118(1), 117(2), 110, 308(3), 308(4), 352, 351(2), 351(3), 3(5) of the BNS, (xiii) Simultalla P.S. Case No. 85/2024 under sections 126(2), 115(2), 118(1), 117(2), 110, 352, 351(2), 351(3), 3(5) of the BNS, (xiv) Simultallah P.S. Case No.
3/5 115(2), 308(3), 308(4),352, 351(2) of the BNS, in which he is on bail, (xv) Jhajha P.S. Case No. 502/2024 dated 06.11.2024 under section 25(1-B) A, 26 Arms Act, in which he is on bail. (xvi) Mahapur P.S. Case No. 131/03 under section 323,324, 307/34 IPC.
4. That the prosecution story as per the F.I.R. is that informant, Prahlad Kumar, was in-charge Principal of Upgraded High School +2, Basatpur, Chandramandih, Chakai, P.S.- Simultala. On dated 22.10.2024 at 01:00 P.M., some persons came to the school and asked about the principal to which he replied that the principal was on leave. At 04:15 P.M., 15/20 persons came to the school and they were equipped with pistol, knives, sword, lathi and danda and one of the person Rajesh Yadav demanded for extortion money of Rs. 2 lakh, the informant showed his inability to pay such a huge amount and on this, one of the accused person took out the pistol and the accused, Rajesh Yadav, started assaulting him with lathi and rod. The teacher of the school Sanjeev Kumar Singh was also injured by Rajesh Yadav by knife. The other teachers were also beaten up by the accused persons. The teachers ran away from school to escape from the wrath of the accused persons, but all of them followed the teachers to Lahaban station where one of the
4/5 Siksha Sevak Binod Kumar Rajak was badly injured.
5. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to dirty village politics. Learned counsel further submits that neither the informant and other have sustained grievous injuries. Learned counsel also denies that the petitioner had demanded any extortion money. She further submits that the petitioner is custody since 06.01.2025 and charge-sheet against the petitioner has already been filed, thereby completing the investigation. Since investigation has already been completed, therefore, no fruitful purpose would be served by keeping the petitioner into long custody. Learned counsel, therefore, prays that the petitioner be enlarged on bail.
6. Learned A.P.P. appearing for the State opposes the prayer for grant of regular bail.
7. It is not in dispute that the name of the petitioner/ accused surfaced on account of the informant taking his name. Petitioner is the main accused who said to have been demanded extortion of Rs. 2 lakhs and also also assaulted In-charge Principal of School with lathi and rod. The petitioner has almost 16 criminal antecedents pending against him. A case under Section 224 of IPC vide Briyarpur P.S. Case No. 01 of
5/5 2017 is also registered against the accused petitioner which relates to escape from custody in which the petitioner was lawfully detained for offence and, therefore, if the accused petitioner was granted bail, it would be very difficult to secure his presence during the trial of the case.
8. Considering all these aspects of the matter and given the fact that the petitioner appears to be habitual offender, therefore, I am not inclined to grant bail to the petitioner and accordingly, the bail of this petitioner is rejected. (Alok Kumar Sinha, J) sanjeev/- U