Gajendra @ Gajendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48978 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- BHAPTIAHI District- Supaul ====================================================== 1.
Gajendra @ Gajendra Yadav S/o- Late Maheshwari Yadav Village- Garhiya W.No-10, Bhaptiyahi Ps- Bhaptiyahi Dist- Supaul 2.
Jitendra Yadav S/o- Gajendra @ Gajendra Yadav Village- Garhiya W.No-10, Bhaptiyahi Ps- Bhaptiyahi Dist- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2025 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 140(3), 3(5) of the Bharatiya Nyaya Sanhita.
3. The case of the prosecution is that when the informant's son, Shyam Karna Kumar was going for bidaai of his sister and as he reached near Pandit Tola, a black coloured Maruti Alto car was already standing there. Four persons, armed with weapon, started assaulting the son of informant and took him with them. It has also been alleged that 10 days prior to the occurrence, Raushan Kumar has threatened the son of informant with dire consequences.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.48978 of 2025(2) dt.31-07-2025 2/3 petitioners submitted that petitioners are innocent and have committed no offence. Entire story, as set out in the F.I.R., is false and concocted. Informant is a local politician, contesting for the post of Pramukh and petitioners' side are his opponents. Allegation of assault is general and omnibus and there is no allegation of overt act against petitioners. It is further submitted that in the statement recorded under Section 183 Cr.P.C., son of the informant, has named co-accused Raushan Kumar and Deepak Kumar who have already been granted anticipatory bail by co-ordinate Bench of this Hon'ble Court vide order dated 01.07.2025 passed in Cr. Misc. No. 39190 of 2025. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Bhaptiyahi P. S. Case No. 30 of 2025,
Patna High Court CR. MISC. No.48978 of 2025(2) dt.31-07-2025 3/3 subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) Navya/- U T