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2025 DAILYLAW 10035 (PAT)

Awadhesh Yadav @ Awdhesh Yadav v. The State of Bihar

CR. MISC./6724/2025 · 2025-03-18

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6724 of 2025 Arising Out of PS. Case No.-85 Year-2024 Thana- BUNIYAD GANJ District- Gaya ====================================================== Awadhesh Yadav @ Awdhesh Yadav S/o Ramswaroop Yadav R/o Vill.- Panda Bigha, P.S.-Buniyadganj, District -Gaya. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mrigendra Kumar, Adv. For the Opposite Party/s : Mr.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 18-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with Buniyadganj P.S. Case No. 85 of 2024 dated 11.04.2024 registered for the offences punishable u/s 307, 379, 341, 323, 324, 504, 506, 147 and 149 of the Indian Penal Code. 3. As per the prosecution case, on 08.04.2024 at about 5 P.M. the informant forbide the co-accused Anil Yadav for opening his windows and Chajja on her part of land upon which the petitioner and the other co-accused persons came to the house of the informant and started abusing and assaulting the informant. On being objected by Pankaj Kumar (informant’s Patna High Court CR. MISC. No.6724 of 2025(2) dt.18-03-2025 2/3 dewar), the co-accused Anil Yadav assaulted with hasua due to which his ear and neck got injured. Thereafter, Priyanka Devi (informant’s gotni) came to rescue then the co-accused Soni Devi assaulted her with lathi and the co-accused Pinky Devi snatched the golden chain from her neck. It is further alleged that when the informant and his family member were returning from the hospital then all the accused persons surrounded Kishori Yadav (informant’s father-in-law) and on order of the co-accused Ramswaroop Yadav, the petitioner Awadesh Yadav assaulted Kishori Yadav with khanti on his hand due to which his hand got injured and the co-accused, Srikant Yadav assaulted with iron rod on his head causing head injury and the co- accused, Jamendra Yadav assaulted with garasa on his hand due to which cut injury was caused, thereafter, the co-accused Anil Yadav assaulted the Kishori Yadav with lathi due to which his finger got fractured and snatched the golden chain from his neck. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a land dispute between the parties. Nothing has been recovered from the conscious possession of the petitioner. As per the impugned order, the injury of Kishori Patna High Court CR. MISC. No.6724 of 2025(2) dt.18-03-2025 3/3 Yadav whose injury is found lacerated wound over right side of forehead but the nature of injury has not been mentioned. The co-accused persons have already been granted bail by this court vide order dated 05.10.2024 passed in Cr. Misc. No. 64026 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.10.2024. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. 6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above- named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Buniyadganj P.S. Case No. 85 of 2024. 7. The application stands allowed. Gautam/- (Chandra Prakash Singh, J) U T