Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 106961 (PAT)

Rajhansh Kumar @ Rajhansh Yadav v. The State of Bihar

CR. MISC./83505/2025 · 2025-12-18

Harish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83505 of 2025 Arising Out of PS. Case No.-56 Year-2025 Thana- AKBARNAGAR District- Bhagalpur ====================================================== 1. Rajhansh Kumar @ Rajhansh Yadav Son of Suresh Prasas Yadav R/o Kishanpur, P.S. - Akbarnagar, Bhagalpur, Bihar. 2. Praduman Yadav @ Praduman Kumar Son of Dhirendra Prasad Yadav R/o Kishanpur, P.S. - Akbarnagar, Bhagalpur, Bihar. 3. Sujeet Kumar Yadav @ Sujeet Kumar Son of Udhav Yadav R/o Kishanpur, P.S. - Akbarnagar, Bhagalpur, Bihar. 4. Shekhar Yadav Son of Udhav Yadav R/o Kishanpur, P.S. - Akbarnagar, Bhagalpur, Bihar. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madan Mohan, Advocate For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 18-12-2025 Heard the parties. 2. The petitioners are apprehending their arrest in connection with Akbarnagar P.S. Case No. 56 of 2025 registered for the offences punishable under Sections 126(2), 191(2), 190, 74, 303(2), 109, 76, 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023. 3. On the fateful day, while the brother-in-law of the informant was in his field, in the meanwhile, all the F.I.R. named accused persons, including the petitioners, variously armed, came there and brutally assaulted him. It is specifically Patna High Court CR. MISC. No.83505 of 2025(2) dt.18-12-2025 2/3 alleged that petitioner nos. 1 and 2 assaulted one Nitish on his head by means of Tengari, whereas the petitioner nos. 3 and 4 assaulted one Anita Devi with Iron rod, due to which she sustained serious injuries. There is further allegation against the other accused persons of causing assault and misbehaving with the family members and snatching some valuables. 4. Learned Advocate for the petitioner submitted that from the narratives made in the F.I.R., it is evident that the parties are agnates and they have been bickering over the land dispute since long. Moreover, on account of a free fight, some unfortunate injuries inflicted to some of the injured persons, but all of them have been found to be simple in nature, as is evident from the impugned order itself. There is a counter version of the present case, bearing Akbarnagar P.S. Case No. 57 of 2025, instituted against the informant and her family members. The petitioners though are carrying one criminal antecedent, however, they are on bail in the said case and they undertake that they will fully cooperate in the proceedings of the court. 5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that besides one criminal antecedent, the petitioners have actively Patna High Court CR. MISC. No.83505 of 2025(2) dt.18-12-2025 3/3 participated and brutally assaulted the injured. 6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the nature of allegation, qua the simple injury and the factum of case and counter case; besides the genesis of the land dispute, let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bhagalpur in connection with Akbarnagar P.S. Case No. 56 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioners. uday/- (Harish Kumar, J) U T