ABHINANDAN YADAV @ ABHINANDAN KUMAR v. The State of Bihar
CR. MISC./2978/2025 · 2025-02-12
Chandra Shekhar Jha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10041 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10041 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2978 of 2025 Arising Out of PS. Case No.-138 Year-2024 Thana- CHAKAND District- Gaya ======================================================
1. ABHINANDAN YADAV @ ABHINANDAN KUMAR S/o Satendra Yadav @ Satyendra Yadav @ Satendra Kumar R/o Village- Pachu Bigha, PS- Chakand, District- Gaya. 2. Satendra Yadav @ Satyendra Yadav @ Satendra Kumar S/o Late Lal Bihari Yadav R/o Village- Pachu Bigha, PS- Chakand, District- Gaya. 3. Rohit Yadav @ Rohit Kumar S/o Satendra Yadav @ Satyendra Yadav @ Satendra Kumar R/o Village- Pachu Bigha, PS- Chakand, District- Gaya. 4. Rahul Yadav @ Rahul Kumar S/o Satendra Yadav @ Satyendra Yadav @ Satendra Kumar R/o Village- Pachu Bigha, PS- Chakand, District- Gaya. 5. Banti Yadav @ Banti Kumar S/o Jeetendra Yadav @ Jitendra Yadav @ Jitendra Prasad Yadav R/o Village- Pachu Bigha, PS- Chakand, District- Gaya. 6. Ramjee Yadav S/o Late Lal Bihari Yadav R/o Village- Pachu Bigha, PS- Chakand, District- Gaya. 7. Jeetendra Yadav @ Jitendra yadav @ Jitendra Prasad Yadav S/o Late Lal Bihari Yadav R/o Village- Pachu Bigha, PS- Chakand, District- Gaya. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shailesh Kumar, Advocate For the Opposite Party/s : Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 12-02-2025 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. 2. The accused/petitioners are named in F.I.R. and apprehending their arrest in connection with Chakand P.S. Case No. 138 of 2024 registered for the offences punishable under Sections 452, 341, 323, 325, 379, 337, 338, 427, 504, 506/34 of the Indian Penal Code. Patna High Court CR. MISC. No.2978 of 2025(2) dt.12-02-2025 2/3
3. The allegation against above named petitioners is to open fire after a criminal trespass in the house of the informant and also to snatch golden locket and chain from the lady members of the family of the informant. 4. Learned counsel appearing on behalf of the petitioners submitted that even from the face of FIR, it can be gathered that no physical assault was caused to the informant and his family members. It is submitted that the allegation qua physical assault is appearing very much general and omnibus in nature.
It is pointed out that the mother of the informant also lodged a case in year 2013 against petitioners, which was registered as Chakand P.S. Case No. 417/2023. It is submitted that aforesaid case, upon investigation was not found true and, thereafter, petitioners were granted bail in that case. Now taking further, the present case was lodged by making instrumental her daughter. 5. Learned APP opposed the prayer of bail. 6. Considering the aforesaid facts and circumstances and by taking note of fact as the allegation qua snatching of golden jewellery appearing very much general
Patna High Court CR. MISC. No.2978 of 2025(2) dt.12-02-2025 3/3 and omnibus against petitioners, where the face of FIR prima facie suggest that no physical assault was made during the occurrence, accordingly, all above named petitioners, in the event of their arrest or surrender before the learned trial Court, within a period of four weeks of the order, are directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Gaya/concerned Court, where the case is pending in connection with Chakand P.S. Case No. 138 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS. veena/- (Chandra Shekhar Jha, J) U T