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Patna High CourtCR. MISC./67248/2025bail granted

Bhupi Yadav @ Bhupendra Yadav v. The State Of Bihar

2025-09-17Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67248 of 2025 Arising Out of PS. Case No.-448 Year-2022 Thana- KUMAR KHAND District- Madhepura ====================================================== 1.

Bhupi Yadav @ Bhupendra Yadav Son of Late Sukhdeo yadav Resident of Mohalla- Parsahi Ward no. 01, Ps- Kumar Khand (Bhatni Op), DistMadhepura 2.

Ranjan Devi Wife of Bhupi Yadav @ Bhupendra Yadav Resident of Mohalla- Parsahi Ward no. 01, Ps- Kumar Khand (Bhatni Op), DistMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Kumar Mehta, Advocate For the State :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 17-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Kumar Khand P.S. Case No.-448 of 2022 dated 23.12.2022, registered for the offences punishable under Sections 448, 341, 323, 324, 325, 379, 354B, 504, 506 read with Section 34 of the Indian Penal Code.

3. As per allegation, there is land dispute between the informant and the accused-petitioners in regard to the land for more than two years. As per further case of the informant that on the date of occurrence, the petitioners along with other co-

Patna High Court CR. MISC. No.67248 of 2025(2) dt.17-09-2025 2/3 accused assaulted her and broke her hands and even assaulted her family members.

4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that as a matter of fact, the land belonging to the petitioners' side is being claimed by the informant and on the date of occurrence, the informant along with her family members came and asked the petitioners' side to vacate the land which she is claiming to be her own and in such situation, altercation took place and both sides got injury and case and counter case have been filed. The case filed by the petitioners' side bears Kumar Khand P.S. Case No.-412 of 2022 dated 25.11.2022, whereas the present case has been filed by the informant on 23.12.2022, i.e. after one month of the occurrence.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.

7. Learned APP for the State vehemently opposes the prayer of the Petitioners for bail.

8. Considering the case and counter case and injury on

Patna High Court CR. MISC. No.67248 of 2025(2) dt.17-09-2025 3/3 both sides, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Kumar Khand P.S. Case No.-448 of 2022, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J) shoaib/- U T