Banti Yadav @ Banti Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2359 of 2025 Arising Out of PS. Case No.-518 Year-2024 Thana- BARHARIA District- Siwan ====================================================== 1.

Banti Yadav @ Banti Kumar Yadav Son of Suresh Yadav Resident of village- Sawalhata PS -Barhariya Dist- siwan 2.

Santosh Yadav Son of Ramesh Yadav Resident of village- Sawalhata PS -Barhariya Dist- siwan 3.

Sujit Yadav son of Ramesh Yadav Resident of village- Sawalhata PS -Barhariya Dist- siwan 4.

Sumit Yadav son of Ramesh Yadav Resident of village- Sawalhata PS -Barhariya Dist- siwan ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 115(2), 118(1), 117(1), 118(2), 109, 324(4), 352 and 351(2) of the BNS and under Section 27 of the Arms Act.

3. As per the prosecution case, on 20.10.2024 at about 10:00 AM, while the informant was at his darwaza feeding his livestock, in the meantime, all the FIR name coaccused persons, variously armed, came there and on the order

Patna High Court CR. MISC. No.2359 of 2025(5) dt.28-07-2025 2/3 of Ramesh Yadav, Sujit Yadav fired on Bijendra Yadav due to which he got injured. It is further alleged that all the co-accused persons including the petitioners assaulted the informant and his family members. It is further alleged that Ranjeet Yadav, Dhanesh Yadav and Ramesh Yadav damaged informant's uncle's scorpio vehicle and Nand Lal Yadav and Brij Lal Yadav took away fan and hand pump.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in the present case. On account of land dispute between the parties, altercation took place in which both the sides sustained injuries. There is case and counter case between the parties. The allegation is general and omnibus. Rest of the allegations are superadditions to make the case grave. Injuries sustained by the injured persons is found to be simple in nature. Petitioner no. 1 has clean antecedent, petitioner no. 2 has one antecedent, petitioner no. 3 has one antecedent and petitioner no. 4 has two antecedents.

5. Learned APP for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the petitioners, above-named, in the event of their arrest / surrender before the learned trial Court within a period of eight weeks from today, be enlarged on bail on

Patna High Court CR. MISC. No.2359 of 2025(5) dt.28-07-2025 3/3 furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Siwan in connection with Barhariya P.S. Case No. 518 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S., 2023. (Prabhat Kumar Singh, J) Shahnawaz/- U T