Ashesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50166 of 2025 Arising Out of PS. Case No.-476 Year-2023 Thana- BARAULI District- Gopalganj ====================================================== 1.

Ashesh Yadav Son of Balister Yadav Village- Bakhraur Jaddi, P.S. -Barauli, District -Gopalganj 2.

Ramesh Yadav Son of Late Hridya Yadav Village- Bakhraur Jaddi, P.S. -Barauli, District -Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 11-08-2025 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

2. This is the first bail application for grant of anticipatory bail of the petitioners apprehending their arrest in connection with Barauli P.S. Case No. 476 of 2023 registered for the offence under Sections 341, 323, 384, 504 and 506 of the Indian Penal Code.

3. According to the case of prosecution, it is alleged that on the date of incident i.e. on 09.11.2023, when the complainant Prabhunath Singh, who is an Advocate, was in his field, allegedly the present applicant along with co-accused persons reached there and demanded a sum of Rs. 2 lakh as an

Patna High Court CR. MISC. No.50166 of 2025(2) dt.11-08-2025 2/3 extortion. It is further alleged that at that time, they threatened the complainant and also some of the accused persons fired from Katta.

4. It is submitted by the learned counsel for the petitioners that petitioners are innocent and have falsely been implicated in the present case. Virtually, one Gopal Upadhyay, one of the family members of the petitioners lodged the Barauli P.S. Case No. 475 of 2023 against son of the informant, on the basis of which, offence has been registered against the son of the informant also, due to that, primarily the present first information report has falsely been lodged by the informant. He further submits that general allegations have been made against the present applicants. Lastly, he submits that eight other coaccused persons have already been granted benefit of anticipatory bail by the Co-ordinate Bench of this Court vide order dated 05.02.2025 passed in Cr. Misc. No. 2056 of 2025. Therefore, on these grounds, it is prayed that the petitioners are also entitled to get benefit of anticipatory bail.

5. Learned counsel for the State opposes the arguments raised by the counsel for the petitioners.

6. Heard.

7. Perused the materials available on record.

Patna High Court CR. MISC. No.50166 of 2025(2) dt.11-08-2025 3/3

8. Considering the above submissions made by the counsel for the petitioners and particularly considering the fact that eight co-accused persons have already been granted the benefit of anticipatory bail by the Co-ordinate Bench of this Court, I am of the view that it is a case where the petitioners should be granted benefit of anticipatory bail.

9. Accordingly, the application is allowed.

10. Let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Gopalganj in connection with Barauli P.S. Case No. 476 of 2023, subject to the condition as laid down under Section 482(2) of B.N.S.S. 2023.

(Arvind Singh Chandel , J) shailendra/- U T