Siyasharan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57205 of 2025 Arising Out of PS. Case No.-201 Year-2025 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.
SIYASHARAN YADAV S/O LATE JAGDISH YADAV Resident of VillageBudhauli, Police Station- Sheikhpur, District- Sheikhpura 2.
SURENDRA YADAV S/O BASHUDEV YADAV @ BASDEV YADAV Resident of Village- Budhauli, Police Station- Sheikhpur, DistrictSheikhpura 3.
JITENDRA KUMAR S/O LAKHAN MAHTO Resident of VillageJagdishpur, Police Station- Korma, District- Sheikhpura ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilendu Kumar Choudhary For the Opposite Party/s :
Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Sheikhpura P.S. Case No. 201 of 2025 dated 10.07.2025 registered for the offence/s punishable u/ss 191(2), 190, 126(2), 115(2), 109, 132, 324(4), 125(a), 352 of the BNS.
3. As per the prosecution case, when the informant and other officials went to Budhauli for execution of the decree passed by Hon'ble Court at Sheikhpura. They told Manohar Yadav to vacate the land occupied by him and other persons, on
Patna High Court CR. MISC. No.57205 of 2025(2) dt.25-08-2025 2/3 that accused Manohar Yadav alongwith his family members and other unknown accused persons along with the petitioners armed with Lathi, Danda and Spade came to the informant forming an unlawful assembly and started abusing and scuffling with the police force and made hindrance in their official duty. Even after requesting them to abide by the Court's order, they obstructed the process of execution of the Court's order. Meanwhile, two unknown boys from the roof of the accused Manohar Yadav started pelting stone and bricks over the officials. One of the unknown person came with spade and with the intention to kill, assaulted over the head and body of Sipahi Anil Rai. Though, he remained safe due to his helmet and body protector but, he sustained serious injuries.
The unlawful assembly in an agitated form started abusing and assaulting with Lathi-Danda and pelted stone and bricks over the police force and officers. The magazine of the rifle of Sipahi Shyam Kumar also got damaged due to which the execution process could not be completed.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The allegation of pelting stones on the police official is against the unknown miscreants. There is
Patna High Court CR. MISC. No.57205 of 2025(2) dt.25-08-2025 3/3 general and omnibus allegation against the petitioners. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no criminal antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 11.07.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Sheikhpura in connection with Sheikhpura P.S. Case No. 201 of 2025, subject to conditions as laid down under Section 482(2) of the BNSS.
7. This application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T