Kanchan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60869 of 2025 Arising Out of PS. Case No.-384 Year-2024 Thana- JHAJHA District- Jamui ====================================================== 1.
Kanchan Yadav S/o Jodhan Yadav R/o Vill- Kauwatol, P.S.- Jhajha, DisttJamui 2.
Yoendra Yadav S/o Jodhan Yadav R/o Vill- Kauwatol, P.S.- Jhajha, DisttJamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-09-2025 Heard Mr. Pankaj Kumar Sinha, learned Counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Jhajha P.S. Case No. 384 of 2024 for the offence registered under sections 191(i), 191(2), 126(2), 115(2), 117(2), 118(1), 109, 125(a), 125(b), 352 BNS.
3. As per the prosecution story, the informant alleged that on the fateful day, the accused came, threatened of dire consequences and wanted them to leave the land which was under dispute. Upon protest, allegation is that petitioner no. 1, Kanchan Yadav assaulted the informant which hit his eyes and has affected his eye sights. Yoendra Yadav, petitioner no. 2 assaulted his son by butt of the pistol. This led to the FIR.
Patna High Court CR. MISC. No.60869 of 2025(2) dt.10-09-2025 2/3
4. Learned Counsel for the petitioners submit that so far as the injury inflicted on the son is concerned, with the help of injury report, it has been shown that the same has been found to be simple in nature.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that so far as the informant is concerned, his eye sights have become affected due to assault by Kanchan Yadav.
6. Taking into account the aforesaid facts, so far as the petitioner no. 1, Kanchan Yadav is concerned, the anticipatory bail application stands rejected.
7. Regarding petitioner no. 2, Yoendra Yadav, though the allegation of assault is there, the injury has been found to be simple in nature, he do not have criminal antecedent, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
8. Let the petitioner no. 2, Yoendra Yadav in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jamui in connection with Jhajha P.S. Case No. 384 of 2024 subject to condition as laid down under Section 438(2) of the
Patna High Court CR. MISC. No.60869 of 2025(2) dt.10-09-2025 3/3 Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner no. 2, Yoendra Yadav, who shall provide official document to show his bona fide; (ii) the petitioner no. 2, Yoendra Yadav shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself; (iii) the petitioner no. 2, Yoendra Yadav shall appear before the concerned police station every fortnight for next six months to mark attendance and at the end of the period, the certificate be submitted to the Court;
(iv) the petitioner no. 2, Yoendra Yadav shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner no. 2, Yoendra Yadav shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T