Hardev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47541 of 2025 Arising Out of PS. Case No.-131 Year-2024 Thana- BHITAHA District- West Champaran ====================================================== Hardev Yadav S/o Late Manki Yadav R/o Village- Hathuahwa, Muja Tola, P.S.- Bhitaha, Dist.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No.1, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 191(2), 329(3), 352, 126(2), 115(2), 103(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023.

3. The allegation in the first information is that all the F.I.R. named accused persons came to the house of the petitioner, hurled abuses and when the mother of the informant protested, it is alleged that the present petitioner pressed her neck, while one Bullat Yadav pushed her on the ground resulting in her death.

4. It is submitted by learned counsel for the petitioner that it would be evident from the first information report itself that there was a land dispute between the parties and as many as eight persons have been named. So far as the petitioner is concerned, there is specific allegation of pressing the neck of the mother of the informant, however, no such injury has been found on the

Patna High Court CR. MISC. No.47541 of 2025(2) dt.06-08-2025 2/2 person of the deceased but a bruise was present on the left shoulder of the deceased, which may have been sustained on account of fall. Further, the co-accused, Bullat Yadav, who had pushed the deceased on the ground which caused her death, has already been enlarged on bail vide order dated 13.05.2025 passed in Cr. Misc. No.23412 of 2025 and other co-accused persons have been enlarged on bail vide order dated 13.05.2025 passed in Cr. Misc. No.13244 of 2025 and those orders have been annexed as Annexure-P/4 series to this application. The petitioner is languishing in custody since 19.05.2025.

5. Learned APP for the State opposed the bail petition.

6.

Taking into consideration the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bhitaha P.S. Case No.131 of 2024.

(Soni Shrivastava, J) Trivedi/- U T