Jayprakash @ Chotu @ Jay Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52721 of 2025 Arising Out of PS. Case No.-423 Year-2024 Thana- CHANDAUTI District- Gaya ====================================================== Jayprakash @ Chotu @ Jay Prakash Kumar Son of Rambhawan Yadav RO Village- Chiraiya Taad PS -Chandauti District -Gayaji ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed Asgher Najmi Mr. Ashutosh Kumar Mishra For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala For the Informant :
Mr. Sumit Kumar Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-09-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. As directed by this Hon'ble Court, correction has been made in para. 3 of the bail petition regarding criminal antecedent of the petitioner.
3. The petitioner is apprehending his arrest in connection with Chandauti P.S. Case No. 423 of 2024 dated 09.11.2024 registered for the offences punishable u/ss 190, 191(2), 115(2), 117(2), 126(2), 109, 324(4), 74, 127(2), 118, 351(2) and 352 of the B.N.S.
4. As per the prosecution case, when the informant
2/4 was going to his agricultural land riding on a motorcycle. As soon as he reached near Devi Sthan of the village, five named accused persons including the petitioner rushed to the spot lashed with country made pistol, sword, lathi and rod etc and assaulted the informant and started abusing him. The co-accused Ranjan Yadav assaulted on his head with sword with intention to kill him due to which the informant sustained injury on his head. The co-accused, Santosh Yadav assaulted the informant with rod causing injury in his hand. Thereafter, the informant fled away inside the temple then the accused persons damaged the motorcycle of the informant. The co-accused, Ranjan Yadav started firing on the temple to kill the informant but the bullet did not hit him.
Thereafter, the co-accused Ranjan Yadav fired on the informant's sister-in-law, Manju Devi and the bullet hit her neck. It is further alleged that the co-accused persons assaulted the villagers and the informant's sister-in-law, Manju Devi causing injuries to them. The villager, Geeta Devi also sustained fracture in her hands, Sukhdev Yadav sustained fracture injury on his left hand, Manju Devi also sustained injury and Deepak Kumar sustained injury on his head.
3/4 which she became naked. The petitioner, Jay Prakash snatched the informant's mobile and all the accused persons destroyed the tractor and tempo of Baiju Yadav and Geeta Devi. When the local people gathered there then all the accused persons fled away from the spot and threatened the informant to kill him if he lodged any case.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is a delay of seven days in lodging the F.I.R. without any explanation. As per the impugned order, the injured, Manju Devi and Deepak Kumar sustained injuries which are simple in nature. There is general and omnibus allegation against the petitioner. The other coaccused person has already been granted anticipatory bail by this court vide order dated 12.09.2025 passed in Cr. Misc. No. 53627/2025. The petitioner has three criminal antecedents as stated in para 3 of the bail petition.
6. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the petitioner. The injured, Geeta Devi and Sukhdev Yadav sustained injury which is stated to be grievous in nature.
4/4
7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya in connection with Chandauti P.S. Case No. 423 of 2024, subject to conditions as laid down under section 482(2) of the B.N.S.S., with further condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.
8. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T