Rakesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59922 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- KAJRAILI District- Bhagalpur ====================================================== Rakesh Yadav S/o Jahindra Yadav R/o Village - Gaurachauki Navtolia, P.S - Kajraili, District - Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sumit Kumar, Adv.

For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kajraili P.S. Case No. 52 of 2025 dated 03.06.2025 registered for the offences punishable under Sections 126(2), 115(2), 329(3), 109, 303(2), 308(3), 351(2), 352 read with Section 3(5) of the B.N.S.

3. As per the prosecution case, the informant alleged that the petitioner and the co-accused persons armed with weapon entered the house of the informant and started abusing and demanding Rs. 5 lacs. When the son of the informant Kundan Kumar objected, the accused persons assaulted him with sickle on his head with the intention to kill due to which he

Patna High Court CR. MISC. No.59922 of 2025(2) dt.03-09-2025 2/3 sustained head injury and blood started oozing out. Thereafter, all the family members of the informant were assaulted by the co-accused persons and goods worth of Rs. one lakh were looted. Later the accused persons fled and threatened to kill if any legal action was taken again them.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is land dispute between the parties. It is further submitted that there is case and counter-case between both the parties. There is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus in nature. As per the injury report of Kundan Kumar, which is mentioned in the impugned order, the injury is simple in nature. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.06.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.59922 of 2025(2) dt.03-09-2025 3/3 named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Kajraili P.S. Case No. 52 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T