Bindeshwari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70311 of 2025 Arising Out of PS. Case No.-193 Year-2024 Thana- RUPAULI District- Purnia ====================================================== 1.

Bindeshwari Yadav S/O Late Kallar Yadav, R/O Village- Dobha Garh, P.SRupouli, Distt.- Purnea. 2.

Tun Tun Yadav @ Tun Tun Kumar S/O Bindeshwari Yadav, R/O VillageDobha Garh, P.S- Rupouli, Distt.- Purnea. ... ... Petitioners

Versus

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

For the Petitioner :

Mr. Abhishek Raj Kashyap, Advocate Mr. Siyaram Shahi, Advocate For the Opposite Party :

Mr. (Dr.) Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. In the present case, the petitioners seek bail in connection with Rupauli P.S. Case No. 193 of 2024 dated 01.12.2024, registered for the offences punishable under Sections 127(1), 115(2), 118, 109, 352 and 351(1) of the B.N.S., 2023.

3. As per the prosecution case, in the background of land dispute, petitioners and other co-accused persons abused and assaulted the informant and his brother causing a number of injuries to them.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and they have

Patna High Court CR. MISC. No.70311 of 2025(3) dt.06-01-2026 2/3 falsely been implicated in the present case. Petitioner no. 1 namely, Bindeshwari Yadav has instituted Rupauli P.S. Case No. 190 of 2024 registered under Sections 127(1), 115(2), 118, 109, 252 and 351(1) of the B.N.S., 2023 against the informant's side, who are assailants. The informant's side forcibly cultivated the land of the petitioners and also brutally assaulted the petitioners. The case of the petitioners is prior in time. From the facts of the case, no offence under Section 109 of the B.N.S., 2023 is made out against the petitioners. The allegation agaisnt petitioner no. 2 is general and vague. Learned counsel next submits that petitioners are having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioners are in custody since 30.06.2025.

5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioners and submits that there is specific allegation agaisnt petitioner no. 1 for assaulting the informant.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the case and counter case between the parties and further considering the clean antecedent of the petitioners, their period of custody and submission of chargesheet, the petitioners,

Patna High Court CR. MISC. No.70311 of 2025(3) dt.06-01-2026 3/3 above-named, are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Purnea / concerned Court, in connection with Rupauli P.S. Case No. 193 of 2024, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned.

(Arun Kumar Jha, J) Shahnawaz/- U T