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Patna High CourtCR. MISC./6074/2025bail granted

Raj Narayan Yadav @ Ram Narayan Yadav v. The State Of Bihar

2025-02-24Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6074 of 2025 Arising Out of PS. Case No.-134 Year-2021 Thana- GHOGHARDIHA District- Madhubani ====================================================== 1.

Raj Narayan Yadav @ Ram Narayan Yadav Son of Late Baidhnath Yadav Village -Bholirahi, P.S.- Ghoghardiha, District -Madhubani 2.

Pappu Yadav @ Pappu Kumar son of Late Baidhnath Yadav Village -Bholirahi, P.S.- Ghoghardiha, District -Madhubani 3.

Pankaj Yadav @ Pankaj Kumar Yadav @ Pankaj Kumar Son of Late Baidhnath Yadav Village -Bholirahi, P.S.- Ghoghardiha, District -Madhubani 4.

Kamlesh Yadav son of Late Uttim Lal Yadav Village -Bholirahi, P.S.- Ghoghardiha, District -Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2025

1. Heard learned counsel for the parties.

2. The petitioners in this application pray for bail apprehending their arrest in connection with Ghoghardiha P.S. Case no.134 of 2021 registered for the offence punishable under sections 308, 379, 323, 341, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the fourteen named accused persons including the four petitioners herein are said to have come variously armed. It is stated that on the orders of Bindeshwar Yadav, co-accused Deepak Kumar Yadav assaulted

Patna High Court CR. MISC. No.6074 of 2025(2) dt.24-02-2025 2/3 the informant with a sword causing injury on her head. Her son, daughter and mother who came to her rescue were also assaulted.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case because of land dispute between the parties. It is further stated that the specific allegation of assault even as per the FIR is not on these petitioners but on Deepak Kumar Yadav alone. Further referring to the injury report of the informant enclosed with the FIR, it is submitted that as against assault by fourteen persons, besides there being no mention of injury, the only mention is of an advice to get the X-ray of skull done. The petitioners undertake to cooperate in the investigation/trial.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the FIR, the contents of the injury report and the material that has transpired in course of investigation as is evident from the order of the learned trial Court together with the pending land dispute between the parties, it is directed that all the four petitioners, above named, in the event of their arrest or

Patna High Court CR. MISC. No.6074 of 2025(2) dt.24-02-2025 3/3 surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Ghoghardiha P.S. Case no.134 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jhanjharpur, District Madhubani.

(Partha Sarthy, J) Saurabh/- U T