Jitan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1880 of 2025 Arising Out of PS. Case No.-164 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== 1.
Jitan Yadav Son of Dina Nath Yadav R/O-Village- Padariya, Pararia, PS - Kateya, District- Gopalganj, Bihar 2.
Pavan Yadav Son of Jitan Yadav R/O-Village- Padariya, Pararia, PS - Kateya, District- Gopalganj, Bihar 3.
Prakash Yadav Son of Jitan Yadav R/O-Village- Padariya, Pararia, PS - Kateya, District- Gopalganj, Bihar 4.
Krishna Yadav @ Krishan Yadav Son of Late Dinanath Chaudhari @ Late Dinanath Yadav R/O-Village- Padariya, Pararia, PS - Kateya, DistrictGopalganj, Bihar 5.
Laljeet Yadav Son of Late Indradev Yadav R/O-Village- Padariya, Pararia, PS - Kateya, District- Gopalganj, Bihar 6.
Ganguly Yadav @ Gangul @ Hiralal Yadav Son of Hiralal Yadav R/OVillage- Padariya, Pararia, PS - Kateya, District- Gopalganj, Bihar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Indrajeet Bhushan For the Opposite Party/s :
Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-04-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Kateya P.S. Case No. 164/2024 dated 04.05.2024 registered for the offence punishable u/s 147, 149, 341, 323, 307, 324, 354, 504 and 506 of the Indian Penal Code and 3 / 4 of the Diaan Act.
Patna High Court CR. MISC. No.1880 of 2025(2) dt.25-04-2025 2/3
3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have entered the house of informant and started abusing her by calling her diaan. On being objected by the informant's son Chandan Yadav, the co-accused Santosh Yadav assaulted him on the head with farsa, causing injury. Thereafter, the co-accused Rajan Yadav assaulted on the head of the informant's second son Dhiraj with an iron rod, causing head injury. It is further alleged that all the petitioners and the co-accused persons assaulted her and her sons.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a case and counter case between both the parties. Learned counsel has submitted that both the parties sustained injuries. There is no overt act against the petitioner. There is general and omnibus allegation against the petitioner. The specific allegation of assaulting is against the co-accused Santosh and Rajan Yadav. It is further submitted that the injury of Chandan Yadav is simple in nature caused by hard and blunt substance and the injury of Dhiraj is said to be grievous in nature. The petitioner no. 1 has two criminal antecedents, the petitioner nos. 2, 3 and 4 have one criminal antecedent and the petitioner nos. 5 and 6 have clean antecedent as stated in para 3
Patna High Court CR. MISC. No.1880 of 2025(2) dt.25-04-2025 3/3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the injury no. 1 of Dhiraj Yadav is grievous in nature caused by hard and blunt substance.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Gopalganj in connection with Kateya P.S. Case No. 164/2024, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T