Baidnath Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69859 of 2025 Arising Out of PS. Case No.-77 Year-2025 Thana- Mabby District- Darbhanga ====================================================== Baidnath Yadav @ Baidyanath Yadav, Son of Ramashish Yadav, Resident of Village- Lalsahpur, P.S.- Mabbi, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :
Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 08-10-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Mabbi P.S. Case No. 77 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 109/303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Allegedly while the petitioner along with other accused persons forcibly tried to construct the house over the land of the informant and when it was protested, the petitioner along with others variously armed came there and brutally assaulted the informant and others. It is specifically alleged that this petitioner assaulted over the head of the informant by means of Iron rod, due to which he sustained injury, besides the allegation of snatching away a box containing Rs.5000/-.
Patna High Court CR. MISC. No.69859 of 2025(2) dt.08-10-2025 2/3
4. Learned Advocate for the petitioner taking this Court through the F.I.R. submitted that the alleged occurrence took place on 08.06.2025, but surprisingly, the present F.I.R. came to be lodged on 11.06.2025. So far the injury, which is said to have been caused over the head of the informant, the same does appear to be simple in nature, as the injured was treated in OPD and on the same day he was discharged. The court below also does not discuss the nature of injury, which also suggests it simple in nature. Both the parties are next door neighbour and only on account of some trifle, entered into a scuffle. The petitioner bears fair antecedent and undertakes that he will fully cooperate in the proceeding of the court.
5. On the other hand, learned Advocate for the State vehemently opposed the prayer for bail and submits that there is specific allegation of causing assault over the head of the informant leading to serious injuries.
6. Regard being had to the submissions by the learned Advocate for the respective parties and taking note of the delay in lodging of the F.I.R., coupled with the genesis of the occurrence and the nature of injury, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of
Patna High Court CR. MISC. No.69859 of 2025(2) dt.08-10-2025 3/3 a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Mabbi P.S. Case No. 77 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner.
(Harish Kumar, J) uday/- U T