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Patna High CourtCR. MISC./81518/2025allowed

Rajkumar Yadav v. The State Of Bihar

2025-12-10Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81518 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== Rajkumar Yadav, S/O Jaylal Yadav, Resident of Village- Bhathuan Laxmipur, P.S - Sugaui, District- Motihari, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-12-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Sugauli P.S. Case No. 07 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 74, 109, 303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023.

3. Allegedly on the fateful day altogether 20 accused persons, including the petitioner, variously armed with Farsa, Iron rod, Lathi and Danda rushed to the house of the informant and started abusing. When the husband of the informant protested, whereupon co-accused Wakil Yadav assaulted him, due to which he sustained head injury. So far the petitioner is concerned, it is specifically alleged that he caught hold the hair of the informant and dragged her, due to which her clothes got

Patna High Court CR. MISC. No.81518 of 2025(2) dt.10-12-2025 2/3 torn. In the meanwhile, when the brother-in-law of the informant came to her rescue, he was also assaulted by the petitioner, due to which he sustained fracture injury over his hand.

4. Learned Advocate for the petitioner submitted that the entire allegation of causing assault and abusing the informant and others have been levelled against 20 accused persons, including the petitioner. The reason behind the false implication of the petitioner is nothing, but a previous land dispute. Moreover, the allegation against the petitioner of causing grievous injury does not corroborate for the simple reason that the same has been attributed against the petitioner along with co-accused Ajay Yadav; all the more, the injury is on non-vital part. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the court and abide by all the terms and conditions.

5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that because of assault, the brother-in-law of the informant has sustained grievous injury.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of accusation

Patna High Court CR. MISC. No.81518 of 2025(2) dt.10-12-2025 3/3 and the injury on non-vital part, besides the fair antecedent, 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 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 Judicial Magistrate, 1st Class, East Champaran, Motihari in connection with Sugauli P.S. Case No. 07 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