Rajendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77373 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== 1.

Rajendra Yadav Son of Bhikhari Yadav Village- Balua, Rampurwa, PsBairiya, Dist- West Champaran 2.

Heera Yadav Son of Bhikhari Yadav Village- Balua, Rampurwa, Ps- Bairiya, Dist- West Champaran 3.

Babulal Yadav son of Bhikhari Yadav Village- Balua, Rampurwa, PsBairiya, Dist- West Champaran 4.

Jawahir Yadav @ Jawaherlal Yadav son of Bhikhari Yadav Village- Balua, Rampurwa, Ps- Bairiya, Dist- West Champaran 5.

Dinesh Yadav Son of Rajendra Yadav Village- Balua, Rampurwa, PsBairiya, Dist- West Champaran 6.

Dinanath Yadav Son of Rajendra Yadav @ Babulal Yadav Village- Balua, Rampurwa, Ps- Bairiya, Dist- West Champaran 7.

Manish Yadav @ Manish Kumar Son of Babulal Yadav Village- Balua, Rampurwa, Ps- Bairiya, Dist- West Champaran 8.

Birendra Yadav @ Virendra Yadav son of Late Bhagrashan Yadav @ Bhagyanarayan Yadav Village- Balua, Rampurwa, Ps- Bairiya, Dist- West Champaran 9.

LalBabu Yadav Son of Late Bhagrashan Yadav @ Bhagyanarayan Yadav Village- Balua, Rampurwa, Ps- Bairiya, Dist- West Champaran 10.

Motilal Yadav Son of Jagarnath Yadav Village- Balua, Rampurwa, PsBairiya, Dist- West Champaran 11.

Manmohan Yadav son of Late Vishwanath Yadav Village- Balua, Rampurwa, Ps- Bairiya, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Ajeet Kumar Bhawdwaj, Advocate For the State :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2025 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case

Patna High Court CR. MISC. No.77373 of 2024(5) dt.15-04-2025 2/3 registered for the offence punishable under Sections 147, 148, 149, 341, 342, 352, 384, 427, 188, 506, 327 and 504 of the Indian Penal Code.

3. The prosecution case, in brief, is that on the alleged date and time of occurrence, while informant was going to her sugarcane field to harvest the crop, in the meantime, all the F.I.R. named accused persons, including these petitioners, armed with weapons arrived there along with a tractor and thereafter, Petitioner No. 1, namely Rajendra Yadav, demanded extortion of Rs. 20,00,000/- from the informant for leaving the farm. It is further alleged that all the accused persons, including these petitioners, assaulted informant and thereafter, fled away from the place of occurrence.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, there is land dispute between the parties and in order to take possession over the piece of land in question, maar-peet took place between the parties in which both sides sustained injuries. Allegation of assault is general and omnibus and there is no specific accusation of overt act against these petitioners. Doctor has found the injuries, allegedly caused by these petitioners, to be

Patna High Court CR. MISC. No.77373 of 2024(5) dt.15-04-2025 3/3 simple in nature.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the general and omnibus nature of accusation and nature of injuries sustained by the injured, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., IIIrd, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 27 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T