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Patna High CourtCR. MISC./46495/2025allowed

Gauri Yadav @ Gaurav Yadav v. The State Of Bihar

2025-08-01Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 46495 of 2025 Arising Out of PS. Case No.-191 Year-2024 Thana- MAHESHKHUNT District- Khagaria ====================================================== 1.

Gauri Yadav @ Gaurav Yadav S/o Satyanarayan yadav Resident of VillBarhara, Post- Bari Malia, P.S.- Gogri, Molia, Dist- Khagaria 2.

Roshan Kumar S/o Parmeshwar Yadav Resident of Vill- Barhara, Post- Bari Malia, P.S.- Gogri, Molia, Dist- Khagaria 3.

Bhavesh Yadav S/o Umesh Yadav Resident of Vill- Barhara, Post- Bari Malia, P.S.- Gogri, Molia, Dist- Khagaria 4.

Chandra Shekhar Yadav @ Chausi Kuma S/o Parmeshwar Yadav Resident of Vill- Barhara, Post- Bari Malia, P.S.- Gogri, Molia, Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabish Kumar, Adv.

For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-08-2025 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 Maheshkhunt P.S. Case No. 191 of 2024 instituted for the offence under Sections 126(2), 115(2), 109, 117(2), 303(2), 308(4), 352, 351(2), 351(3) and 3(5) of the B.N.S., 2023.

3. The case of the prosecution is that on the date of the occurrence, the informant was building a house on his land with his son. The petitioners along with other unknown persons,

Patna High Court CR. MISC. No. 46495 of 2025(2) dt.01-08-2025 2/3 came there and started demanding Rs. 1.5 lakhs as rangdari for the construction of the house. After this, the informant called 112; police arrived after that, and it is alleged that the accused persons started assaulting. It is further alleged that the sons of the informant have received head injuries.

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. He also submits that from the perusal of the FIR, it is clear that the police arrived when the occurrence took place and that the nature of the allegation is general and omnibus. It is not clear as to who has assaulted whom or what specific role the petitioners have played in the alleged incident. It is further submitted that a statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of 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 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

Patna High Court CR. MISC. No. 46495 of 2025(2) dt.01-08-2025 3/3 or surrender in connection with Maheshkhunt P.S. Case No. 191 of 2024, 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 District & Additional Sessions Judge-III, Khagaria, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Sudhanshu/- U T