Brij Mohan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43556 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- BAHERI District- Darbhanga ====================================================== 1.
Vasant Yadav @ Vasant Kumar @ Bashant Kumar, aged about 20 years, Gender- Male, S/O Brij Mohan Yadav, 2.
Shashi Kant Yadav, aged about 33 years, Gender- Male, S/O Lagina Yadav @ Ram Nagina Yadav, 3.
Ritik Yadav @ Ritik Rosan @ Ritik Roshan, aged about 21 years, GenderMale, S/O Rajdeo Yadav @ Rajdev Yadav, All R/O Village- Fatulaha @ Phatulaha, P.S- Baheri, Distt.- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== With CRIMINAL MISCELLANEOUS No. 44608 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- BAHERI District- Darbhanga ====================================================== 1.
Brij Mohan Yadav, aged about 45 years, Gender- Male, S/o Ram Janam Yadav, 2.
Shyam Lal Yadav, aged about 22 years, Gender- Male, S/o Brij Mohan Yadav, 3.
Radhe Yadav @ Radhe Shyam Yadav, aged about 20 years, Gender- Male, S/o Rajdeo Yadav, 4.
Raj Kumar Yadav @ Ram Narayan Yadav, aged about 20 years, GenderMale, S/o Magal Yadav, 5.
Manish Yadav @ Manish Kumar, aged about 20 years, Gender- Male, S/o Lalit Yadav, 6.
Tejo Yadav @ Tej Narayan Yadav, aged about 41 years, Gender- Male, S/o Ram Janam Yadav, 7.
Sanjay Yadav, aged about 35 years, Gender- Male, S/o Chhedi Yadav, 8.
Ram Lal Yadav @ Ram Lala Yadav, aged about 20 years, Gender- Male, S/o Sohan Yadav, All resident of Village- Fatulaha @ Phatulaha, P.S.- Baheri, DistrictDarbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ======================================================
2/5 Appearance :
(In CRIMINAL MISCELLANEOUS No. 43556 of 2025) For the Petitioner/s :
Mr. Baidyanath Prasad, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP (In CRIMINAL MISCELLANEOUS No. 44608 of 2025) For the Petitioner/s :
Mr. Baidyanath Prasad, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-07-2025 Both cases have been taken up and heard together as they arise out of the same PS Case number and are disposed of by this common order.
2. Learned counsel for the petitioners seek permission to make necessary correction in paragraph no.3 of Cr. Misc. No.43556 of 2025 with regard to criminal antecedents of the petitioners. Permission is granted. Let the same be done in course of the day.
3. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
4. The petitioners apprehend arrest in connection with Baheri PS Case No.95 of 2025 dated 15.03.2025, instituted under Sections 126(2), 115(2), 118(1), 109, 117, 76, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
5. The prosecution case, in brief, is that on the alleged date of occurrence the petitioners along with four other named accused persons and 10-15 unknown persons came at the shop of the informant armed with deadly weapon. On the order of
3/5 petitioner Brij Mohan Yadav, he himself assaulted the informant with lathi on the head and other parts of the body. It is alleged that petitioner Shyam Lal Yadav assaulted the son of the informant, namely, Natwar Jha with iron rod over his head, back, leg and hand. Putul Devi was dragged with bad intention by Basant Lal Yadav and Lalit Yadav. It is further alleged that Shashi Kant Yadav and Ritik Yadav thrashed Putul Devi on the ground and they also damaged her entire face with bricks, stone and hammer. Accused Manish Yadav, Teja Yadav, Praveen Yadav, Binod Yadav, Sanjay Yadav and Ram Lal Yadav tore her saree and blouse and the accused Basant Yadav snatched Mangalsutra worth rupees one lakh from the neck Putul Devi. It is also alleged that the accused persons looted goods, clothes and jewelleries worth rupees ten lakhs.
6. Learned counsel for the petitioners submits that the FIR has been lodged against fifteen named accused persons and 10-15 unknown persons. It is further submitted that except Brij Mohan Yadav and Shyam Lal Yadav, petitioner nos.1 and 2 respectively in Cr. Misc. No.44608 of 2025, there is no specific allegation of assault against other accused-petitioners. Further submission is that there is case and counter case between the parties. Counter case has been lodged by Govind Kumar vide
4/5 Baheri PS Case No.97 of 2025. It is also submitted that due to political rivalry the present case has been lodged. Further submission is that injury reports reveal that injuries received by injured Bhairav Jha and Natwar Jha are simple in nature, whereas, opinion with regard to injury to Putul Devi was reserved. Lastly, it is submitted that in Cr. Misc. No.43556 of 2025, the petitioner nos.1 and 3 have no criminal antecedents and petitioner no.3 has two criminal antecedents, out of which in one case i.e., Bahera PS Case No.135 of 2005, he has been acquitted. Further, in Cr. Misc. No.44608 of 2025, petitioner no.1 has one criminal antecedent, whereas, petitioner nos. 2 to 8 have no criminal antecedents.
7. Learned APP has opposed the prayer for bail.
8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Darbhanga, in Baheri PS Case No.95 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5/5
9. The applications stand allowed.
(Khatim Reza, J) J. Alam/- U T