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2025 DAILYLAW 22083 (PAT)

Gully Yadav @ Gulli Yadav @ Gulli @ Chandraveer Yadav v. The State of Bihar

CR. MISC./14477/2025 · 2025-07-02

Rajiv Roy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13193 of 2025 Arising Out of PS. Case No.-302 Year-2024 Thana- BAHERI District- Darbhanga ====================================================== Sanjeet Kumar Yadav @ Sanjeet Kumar S/O Ram Vilash Yadav @ Ram Vilas Yadav R/O Mohalla/Vill- Banoul, P.S- Baheri, Distt.- Darbhanga. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 14477 of 2025 Arising Out of PS. Case No.-302 Year-2024 Thana- BAHERI District- Darbhanga ====================================================== 1. Gully Yadav @ Gulli Yadav @ Gulli @ Chandraveer Yadav S/O Ram Vilash Yadav @ Ram Vilas Yadav R/O Mohalla/Village- Banoul, P.S- Baheri, Distt.- Darbhanga. 2. Lal Babu Yadav @ Raghuvbir Yadav @ Lal Babu S/O Ram Vilash Yadav @ Ram Vilas Yadav R/O Mohalla/Village- Banoul, P.S- Baheri, Distt.- Darbhanga. 3. Ram Vilash Yadav @ Ram Vilas Yadav S/O Late Udgar Yadav @ Gayani Yadav R/O Mohalla/Village- Banoul, P.S- Baheri, Distt.- Darbhanga. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 13193 of 2025) For the Petitioner/s : Mr.Kedar Jha, Advocate For the Opposite Party/s : Mrs.Asha Devi, APP (In CRIMINAL MISCELLANEOUS No. 14477 of 2025) For the Petitioner/s : Mr.Kedar Jha, Advocate For the Opposite Party/s : Mrs.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 5 02-07-2025 Learned counsel for the petitioners at the outset submit that the petitioner no.2, Lal Babu Yadav (in Cr. Misc. No. 14477 of 2025) has been arrested and as such he intends to Patna High Court CR. MISC. No.13193 of 2025(5) dt.02-07-2025 2/3 withdraw the petition against him. The petition against the petitioner no.2, Lal Babu Yadav. 2. Heard the parties. 3. The petitioners are apprehending arrest (except petitioner no.2, Lal Babu Yadav (in Cr. Misc. No. 14477 of 2025) in connection with Baheri P.S. Case No. 302 of 2024 instituted under Section 103(1)/85/238/3(5) of BNS lodged on 31.08.20245 by the informant, Ramchandar Yadav. 4. As per the prosecution story, the informant alleged that marriage of his daughter was solemnized ten years ago but there was always demand of dowry and on the fateful day, came to know that she has been killed and the mortal remains have been consigned to flame. This led to the FIR. 5. Though, learned counsel for the petitioners tried to impress upon this Court regarding innocence of the two petitioners, both learned APP as also learned counsel for the informant jointly took this Court to para-3 of the petition to show that it has been recorded that the two petitioners have no criminal antecedent. They have thereafter, taken this Court to the case diary to show that in Baheri P.S. Case No. 71 of 2019, charge-sheet stands submitted against them vide charge-sheet no. 59 of 2019 dated 27.06.2019 (para-37 of the case diary). Patna High Court CR. MISC. No.13193 of 2025(5) dt.02-07-2025 3/3 They have further taken this Court to para-55 of the case diary to show that process under section 82 of the Cr.P.C. has already been issued by the concerned Court on 27.12.2024. 6. Taking into account the aforesaid facts as also that the petitioners chose to suppress the fact that they have criminal antecedent, in that background, no relief can be extended to them. The anticipatory bail applications stand rejected. 7. If however, the petitioners surrender within four weeks from today and file a proper bail petition, the same shall be taken up and dispose it of preferably on the same day. 8. The petitioners are free to bring on record all the relevant documents to support their cause while filing the bail applications. Ravi/- (Rajiv Roy, J) U T