Raj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56059 of 2025 Arising Out of PS. Case No.-279 Year-2024 Thana- CHHATAPUR District- Supaul ====================================================== Raj Kumar Yadav Son of Bindeshwari Yadav @ Bindu Yadav R/O Vill- Kutti, Ward No.- 7, P.S.- Chhatapur, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prafull Chandra Thakur, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Chhatapur P.S. Case No. 279 of 2024 lodged on 09.09.2024, for the offence punishable under Sections 191(2), 126(2), 115(2), 118(1), 109(1), 308(3), 303(2), 352 & 351(2) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against six named accused persons including the present petitioner. It has been alleged in the FIR that the petitioner and another accused, namely Mukesh Yadav, caught hold of the informant and assaulted him with fists. Subsequently, the other accused persons assaulted the informant with a sword, lathi, and iron rod, due to which the informant sustained injuries. It has also
Patna High Court CR. MISC. No.56059 of 2025(2) dt.27-08-2025 2/3 been alleged in the FIR that the accused Mukesh Yadav snatched 7,000 in cash from the informant.
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4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that from the statements made in the FIR, it become crystal clear that there is a land dispute between the parties and only allegation against the petitioner is that he caught hold of the informant and assaulted him by fists. Counsel submits that there is neither act or overt act against the present petitioner. Counsel further submits that the petitioner has four criminal antecedents and in all the cases, he is on bail.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that from the record, it transpires that the petitioner has four criminal antecedents.
6. As such, in the present facts and circumstances of this case and considering the merit of the present case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Chief Judicial Magistrate, Supaul, in connection with Chhatapur P.S. Case No.
Patna High Court CR. MISC. No.56059 of 2025(2) dt.27-08-2025 3/3 279 of 2024, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
7. It is made clear that at the time of furnishing his bail bond, the petitioner shall produce the certificate/document before the concerned Trial Court showing that he is not absconding in any of the cases pending against him as mentioned in paragraph no.3 of the bail application which states as follows:- I. Complaint Case No.320C/2022 II. Complaint Case No.09C/2024 III. Complaint Case No.42C/2024 IV. Chhatapur P.S. Case No.82 of 2025
8. In case, if it is found that the petitioner is absconding in above-mentioned cases or if, he has suppressed any fact regarding his criminal antecedents, then his bail bond shall be cancelled.
(Dr. Anshuman, J) Divyansh/- U T