Kedar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55920 of 2025 Arising Out of PS. Case No.-333 Year-2024 Thana- LAXMIPUR District- Jamui ====================================================== 1.
Kedar Yadav S/O Jago Yadav R/O Village- Kamlu Tola Bela Tikur, P.S.- Laxmipur, District- Jamui, Bihar 2.
Bajo Yadav @ Niranjan Kumar S/O Mahendra Yadav R/O Village- Kamlu Tola Bela Tikur, P.S.- Laxmipur, District- Jamui, Bihar 3.
Dharamvir Yadav @ Dharamveer Yadav S/O Radha Yadav R/O VillageKamlu Tola Bela Tikur, P.S.- Laxmipur, District- Jamui, Bihar ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Anirudh Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in a case registered for the offences punishable under Sections 191(2), 126(2), 115(2), 118(1), 117(2), 118(2) and 109(1) of the B.N.S., 2023.
3. As per the prosecution case, all the accused persons being 11 in number came variously armed to the house of the informant and resorted to assault causing injuries to the husband of the informant and to Shatrughan Kumar and Vikas Kumar causing injuries to the husband of the informant and three other persons.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.55920 of 2025(2) dt.22-08-2025 2/3 it would be apparent from the FIR that there is general and omnibus allegation of assault upon all the accused persons of indulging in the act of assault. He further submits that there is case and counter case between the parties and the case filed on behalf of the petitioners is annexed as Annexure-3 to the present bail application. There are several litigations pending between the parties with regard to land dispute and as a matter of fact, the petitioner's side has also got injuries. Learned counsel lastly submits that the petitioners claim clean antecedent and they are in custody since 22.06.2025.
5. Learned Additional Public Prosecutor for the State, however, vehemently opposes the prayer for grant of bail to the petitioners and submits that there is specific allegation of assault on these three petitioners upon the husband of the informant on account of which he has received a total of five injuries, out of which two are found to be grievous in nature.
6. It is taken into consideration that so far as petitioner nos. 1 and 2 are concerned, there is an allegation of assault by means of iron-rod on both the hands and the ribs and the injury report of the injured husband namely, Rajesh Yadav would reveal that while three of the injuries are simple in nature, however, the injuries on head and left elbow are found to be grievous in nature.
Patna High Court CR. MISC. No.55920 of 2025(2) dt.22-08-2025 3/3
7. There is an allegation upon petitioner no. 3 of having assaulting the injured with tangi on his head which has also caused fracture of skull. In such view of the matter, this Court is not inclined to grant the privilege of bail to petitioner no. 3. Accordingly, the prayer for bail of petitioner no. 3 is rejected.
8. However, considering the fact that injury caused by petitioner no. 2 is not grievous in nature and the injury caused by petitioner no. 1, although grievous is on a non-vital part of the body, I am inclined to grant the privilege of bail to petitioner nos. 1 and 2. Accordingly, the petitioner nos. 1 and 2, above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jamui / successor Court, in connection with Laxmipur P.S. Case No. 333 of 2024.
9. Accordingly, the present bail application stands disposed of.
(Soni Shrivastava, J) Shahnawaz/- U T