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2025 DAILYLAW 49802 (PAT)

Rajesh Yadav v. The State of Bihar

CR. MISC./36741/2025 · 2025-05-29

Smt Soni Shrivastava

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36741 of 2025 Arising Out of PS. Case No.-395 Year-2024 Thana- GOGRI District- Khagaria ====================================================== 1. Rajesh Yadav S/O Bandelal Yadav R/o Village- Rampur, P.S.- Gogri, Distt.- Khagaria 2. Satish Yadav S/O Bandelal Yadav R/o Village- Rampur, P.S.- Gogri, Distt.- Khagaria 3. Amit Yadav S/O Bandelal Yadav R/o Village- Rampur, P.S.- Gogri, Distt.- Khagaria 4. Naresh Yadav @ Raju Kumar S/O Bandelal Yadav R/o Village- Rampur, P.S.- Gogri, Distt.- Khagaria 5. Ramesh Yadav S/O Late Mayaram Yadav R/O Village- Rampur, PS- Gogri, Distt-Khagaria. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vikramadit, Adv. For the State : Ms. Rita Verma, APP. ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 29-05-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in a case registered for the offences punishable under Sections 126(2), 223, 292, 308(2), 352, 351(2) of the BNS. 3. The allegation in the FIR is that six persons including the petitioners came variously armed on the land of the informant and started cultivation. Upon objection raised by the informant, co-accused Sambhu Yadav threatened the informant Patna High Court CR. MISC. No.36741 of 2025(2) dt.29-05-2025 2/3 and others and also resorted to firing. 4. Learned counsel for the petitioners submits that it would be apparent from the FIR itself that there is general and omnibus allegation on all the petitioners that they had come to the field of the informant but for the purpose of cultivation. The main allegation of resorting to firing and threatening is on co- accused Shambhu Yadav and so far as the petitioners are concerned, during the course of investigation, final form was submitted in their favour and they were not sent up for trial. However, cognizance was taken subsequently on 28.02.2025 differing with the final report. It is next submitted that the petitioners are now in custody since 07.05.2025 and petitioner nos. 2, 3 & 4 have no criminal antecedent, whereas petitioner no.1 has one criminal antecedent and petitioner no.5 has three criminal antecedents. 5. Learned APP for the State opposes the prayer for bail. 6. Considering the above-mentioned facts and circumstances, the above named petitioners are directed to be enlarged 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 the learned Court below where the case is pending/successor Court in connection with Patna High Court CR. MISC. No.36741 of 2025(2) dt.29-05-2025 3/3 Gogri P.S. Case No. 395 of 2024. 7. However, the petitioners upon their release from custody would mark their attendance before the Investigating Officer of the local Police Station every week till the submission of charge sheet. devendra/- (Soni Shrivastava, J) U T