Chandar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85720 of 2025 Arising Out of PS. Case No.-415 Year-2025 Thana- GHOSI District- Jehanabad ====================================================== 1.
Chandar Yadav S/o Late Pyare Yadav R/o Village - Ramganj, P.S - Ghosi, District - Jehanabad 2.
Raushan Kumar S/o Uday Yadav R/o Village - Ramganj, P.S - Ghosi, District - Jehanabad 3.
Kunti Devi W/o Chandar Yadav R/o Village - Ramganj, P.S - Ghosi, District - Jehanabad 4.
Devmanti Devi W/o Uday Yadav R/o Village - Ramganj, P.S - Ghosi, District - Jehanabad 5.
Puja Kumari D/o Uday Yadav R/o Village - Ramganj, P.S - Ghosi, District - Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivendra Prasad, Adv.
For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-01-2026 Heard learned Advocate for the petitioners and learned Advocate for the State.
2. The petitioners apprehend their arrest in connection with Ghosi P.S. Case No.415 of 2025 registered for the offences punishable under Sections 190, 191(2), 126(2), 109, 110, 74, 303(2), 352, 351(2)(3) of the BNS, 2023.
3. In the morning of the fateful day, while the
2/4 informant was in her house along with other family members, in the meanwhile, the petitioners along with others variously armed rushed there and started abusing. When the protest was made, the petitioners along with others brutally assaulted the informant and her other family members by means of iron rod and farsa due to which they sustained serious injuries. The petitioners also snatched the valuables, besides there is allegation of outraging the modesty of the female members of the family.
4. Learned Advocate for the petitioners taking this Court through the FIR contended that admittedly there is a land dispute between the parties which resulted into a free fight leading to injuries to persons of both the sides. However, the prosecution has failed to explain the injuries, which are allegedly sustained to the persons of the petitioners' side. There is a counter version of the present case being Ghosi P.S. Case No.416 of 2025. It is the specific case of the petitioners that they have also sustained one grievous injury besides simple injuries. It is further contended that though in the said incident, three persons of the informant's side sustained injuries, however, all the injuries have been found to be simple in nature, except one found on distal phalanx of thumb of the informant's son,
3/4 which is on non-vital part. The injury reports of the injured have been placed on record as Annexure-2 series. The petitioners are the persons of fair antecedent and they undertake that they will fully cooperate in the proceeding of the Court or would not indulge in such incidents in future.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that because of the assault being made by the petitioners, three persons have sustained injuries and, as such, complicity of the petitioners cannot be denied.
6. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the genesis of the occurrence, coupled with the injuries sustained to the persons of both the sides, besides the fair antecedent of the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Jehanabad in connection with Ghosi P.S. Case No.415 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that
4/4 one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) rohit/- U T