Rajendra Yadav @ Rajendra Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68027 of 2024 Arising Out of PS. Case No.-193 Year-2024 Thana- RAGHOPUR District- Supaul ====================================================== 1.
Rajendra Yadav @ Rajendra Prasad Yadav S/o Late Kameshwar Yadav R/o ward no. 10, Hulas, P.S. - Raghopur, Distt.- Supaul, Bihar 2.
Jogendra Yadav @ Jogendra Jadav S/o Late Kameshwar Yadav R/o ward no. 10, Hulas, P.S. - Raghopur, Distt.- Supaul, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prem Kumar Paswan, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-02-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Raghopur P.S. Case No. 193 of 2024 instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 506, 354 of the Indian Penal Code.
3. Prosecution story, in short, is that, on the alleged date and time, the accused persons including the petitioners assautled the informant and his family members. It is further alleged that petitioner no. 2 caught hold of the informant and petitioner no.1 assaulted one Mantun Kumar on his head by means of bhala.
Patna High Court CR. MISC. No.68027 of 2024(4) dt.07-02-2025 2/3
4. Learned counsel for the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case due to admitted land dispute between the parties. Learned counsel for the petitioners submit that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. Learned counsel further submitted that there is case and counter-case between the parties. It has been submitted on behalf of the petitioners that the petitioners have one criminal antecedent. The co-accused person has already been granted regular bail by this Court vide order dated 09.12.2024 passed in Cr. Misc. No. Cr. Misc. No. 67120 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. Learned counsel further submitted that there is specific allegation against petitioner no. 2 that he caught hold of the informant and against the petitioner no.1 is that he assaulted one Mantun Kumar on his head by means of bhala.
6. Considering the aforesaid facts and circumstances of the case, direct allegation against the petitioners, this Court is not inclined to grant bail to the petitioners.
7. Accordingly, the prayer for grant of bail to the
Patna High Court CR. MISC. No.68027 of 2024(4) dt.07-02-2025 3/3 petitioners is, hereby, rejected.
8. However, liberty is granted to the petitioners to surrender before the learned court below with six weeks and seek regular bail. If any such application is filed, learned court below shall consider and dispose of the same on its own merit, without being prejudiced by this order.
(Rudra Prakash Mishra, J) Alok Verma/- U T