Mahesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51943 of 2026 Arising Out of PS. Case No.-97 Year-2019 Thana- KARPI District- Arwal ====================================================== 1.

Mahesh Yadav S/o Sri Jagdish Yadav R/o Village - Andhra Chak, P.S - Karpi, Dist. - Arwal.

2.

Rinki Devi @ Riki Devi W/o Mahesh Yadav R/o Village - Andhra Chak, P.S - Karpi, Dist. - Arwal.

3.

Dharmshila Devi W/o Ganesh Yadav R/o Village - Andhra Chak, P.S - Karpi, Dist. - Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Santosh Kumar Pandey, Advocate Mr. Adarsh, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 29-07-2026 Heard learned counsel for the petitioners and the learned APP for the State.

2. The petitioners are apprehending arrest in connection with Karpi P.S. Case No. 97 of 2019 lodged on 30.05.2019, for the offence punishable under Sections 147, 149, 341, 323, 379 and 504 of the Indian Penal Code but cognizance has been taken for the offence under Sections 341, 323, 307 and 504/34 of the Indian Penal Code.

3. As per the prosecution, the accused individuals, including Mahesh Yadav (the present petitioner) and Ganesh Yadav, allegedly arrived at the site armed with lathi-danda and

Patna High Court CR. MISC. No.51943 of 2026(2) dt.29-07-2026 2/3 began forcibly putting soil on a piece of land. It is further alleged that on prompting an objection from the informant, Mahesh Yadav and Ganesh Yadav allegedly assaulted the informant with sticks, resulting in an injury to his right thumb. It is also alleged that when the informant's son came to rescue, he was also assaulted by Ganesh Yadav and Satyendra Yadav, resulted in injuries to his head and left knee.

4. Learned senior counsel, Mr. Ramakant Sharma, for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Counsel further submits that the petitioners and the informant are close agnates and there is case and counter-case between the parties. Counsel lastly submits that the petitioner Nos. 2 & 3 have clean antecedent whereas there is one case pending against the petitioner No. 1.

5. The learned APP for the State vehemently opposes the prayer for bail of the petitioners.

6. Taking into consideration the fact that there is general and omnibus allegation made against the petitioners, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.51943 of 2026(2) dt.29-07-2026 3/3 like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Arwal in connection with Karpi P.S. Case No. 97 of 2019, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023 and also subject to the following conditions:

(I) One of the bailors shall be the petitioner's own or close member.

(II) The petitioner shall appear on each and every date fixed during the trial and also co-operate in the process of trial. (III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

(IV) The Petitioner shall not commit offence of a similar nature in future.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Alok Kumar, J) Bipin/- U T