Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 110107 (PAT)

Mahadeo Yadav v. The State of Bihar

CR. MISC./70920/2025 · 2025-10-08

Khatim Reza

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70920 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== 1. Mahadeo Yadav, aged about 55 years, (M), son of Late Ramdeo Yadav, 2. Dinesh Yadav, aged about 30 years, (M), son of Mokhtar Yadav @ Mukhtar Yadav, 3. Dularchand Yadav @ Bhoj Yadav, aged about 20 years, (M), son of Mahadeo Yadav, All resident of Bhataha Laxmipur, PS- Sugauli, Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 08-10-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners apprehend arrest in connection with Sugauli PS Case No.07 of 2025 dated 06.01.2025, instituted under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 74, 109, 303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in brief, is that the persons named in the FIR including the petitioners came at the door of the informant armed with farsa, iron rod, lathi-danda and they started abusing the informant and her husband. Upon protest, they assaulted the informant, her husband and other family Patna High Court CR. MISC. No.70920 of 2025(2) dt.08-10-2025 2/3 members by means of lathi-danda, farsa, iron rod etc. causing serious injuries to informant’s husband as well as others. It is also alleged that the accused persons looted away cash and ornaments from the house. 4. Learned counsel for the petitioners submits that there is land dispute between the parties. Both sides are agnates. It is also submitted that the FIR has been lodged against twenty named accused persons including the petitioners. There is specific allegation of assault against accused Wakil Yadav that he assaulted the husband of the informant on his head by means of farsa; accused, Aminnath Yadav, gave farsa blow on the head of the informant’s husband and accused, Rajan Yadav, assaulted the husband of the informant with iron rod. There is no specific allegation of assault against the petitioners. Only general and omnibus allegation has been levelled against the petitioners. There is case and counter case between the parties. Counter case has been lodged by co-accused Sri Kishun Yadav against the informant and others vide Sugauli PS Case No.08 of 2025. Lastly, it is submitted that the petitioners have no criminal antecedents. 5. Learned APP has opposed the prayer for bail. 6. Having considered the facts and circumstances of Patna High Court CR. MISC. No.70920 of 2025(2) dt.08-10-2025 3/3 the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Motihari, East Champaran, in Sugauli PS Case No.07 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 7. The application stands allowed. J. Alam/- (Khatim Reza, J) U T