Heeralal Yadav @ Bhulai Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41294 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- SATHI District- West Champaran ====================================================== Heeralal Yadav @ Bhulai Yadav S/O Late Maharaj Yadav Resident of villageKhajuria, P.S- Sathi District- West champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Gupta, Advocate Mr. Ajeet Kumar Bhawdwaj, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Sathi P.S. Case No. 69 of 2025 dated 17.03.2025, instituted for the offence punishable under Sections 191(3), 191(2), 190, 117, 118(1), 115(2), 109(1), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, when the informant was sitting at his door then the petitioner along with other accused persons armed with weapons came and started abusing. When informant objected then Narsingh Yadav ordered to kill him then the FIR named accused persons including the petitioner started assaulting the informant and his family
Patna High Court CR. MISC. No.41294 of 2025(3) dt.10-09-2025 2/3 members. It is further alleged that co-accused, Shamu Yadav assaulted the brother of informant namely Jitendra Yadav on his head and he was further assaulted on his head by means of iron rod by Heeralal Yadav (petitioner) due to which he sustained fractured injury at two places in his head.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that both the sides are agnates. It is next submitted that the occurrence took place on 21.12.2024 but the Complaint Case was filed on 12.02.2025 i.e. after a delay of 1 month 22 days without any plausible explanation. There is a case and counter case between the parties. Counter case bearing Sathi P.S. Case No. 257 of 2024 was lodged by the mother of co-accused, Dadan Yadav namely Umravati Devi against informant's side. Learned counsel further submitted that the petitioner assaulted with iron rod on the head of Jitendra Yadav but the injury report reveals that the injury received by Jitendra Yadav is simple in nature caused by hard and blunt substance. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.41294 of 2025(3) dt.10-09-2025 3/3
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Sathi P.S. Case No. 69 of 2025, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, subject to condition as laid down under Section 482(2) of the B.N.S.S. (Khatim Reza, J) Sankalp/- U T