Binod Yadav @ Khokha Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55360 of 2025 Arising Out of PS. Case No.-115 Year-2024 Thana- KUMAR KHAND District- Madhepura ====================================================== 1.
Binod Yadav @ Khokha Yadav S/o Pavitra Yadav R/o Village- Jamuaha, Ward No. 8, P.S.- Kumarkhand (Belari O.P.), District- Madhepura 2.
Mister Kumar S/o Binod Yadav R/o Village- Jamuaha, Ward No. 8, P.S.- Kumarkhand (Belari O.P.), District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bambahadur Jha, Advocate For the Opposite Party/s :
Mrs. Indu Kumari Srivastava, A.P.P.
For the Informant :
Mr. Ranjay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-10-2025 Heard learned counsel for the petitioners, informant and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 435, 302/34 of the Indian Penal Code.
3. As per written report of informant, namely, Pratibha Kumari allegation is that all the F.I.R. named accused persons, including these petitioners, armed with sharp weapons, assaulted Nunulal Yadav and co-accused Bhupendra Yadav set the wheat field on fire. When husband of the informant went to save Nunulal Yadav, all the accused persons assaulted him with dabiya and farsa as a result of which he became senseless and
Patna High Court CR. MISC. No.55360 of 2025(2) dt.15-10-2025 2/3 died during course of treatment.
4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Petitioners have falsely been implicated in this case due to old enmity. Specific accusation is against co-accused Bhupendra Yadav. So far these petitioners are concerned, allegation of assault is general and omnibus and there is no specific allegation of overt act against these petitioners. Police after investigation submitted final form against these petitioners differing with the same, court below has taken cognizance.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.
6. Considering the nature of accusation and the fact that police submitted final form against these petitioners, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-III, Madhepura in connection with Kumarkhand (Belari) P. S. Case
Patna High Court CR. MISC. No.55360 of 2025(2) dt.15-10-2025 3/3 No. 115 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) Navya/- U T