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2025 DAILYLAW 61350 (PAT)

SONU YADAV v. THE STATE OF BIHAR

CR. MISC./55804/2024 · 2025-01-20

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55804 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== 1. SONU YADAV S/O RAM PYARE YADAV @ RAMPYAR YADAV R/O VILLAGE- BHANPUR, P.S- DURGAWATI, DISTT.- KAIMUR AT BHABUA. 2. AJAY YADAV @ AJAY KUMAR YADAV S/O LATE MUNNA YADAV R/O VILLAGE- BHANPUR, P.S- DURGAWATI, DISTT.- KAIMUR AT BHABUA. 3. MAKSUDAN YADAV @ MADHUSUDAN YADAV S/O LATE LAL JI YADAV @ LAL JI SINGH YADAV R/O VILLAGE- BHANPUR, P.S- DURGAWATI, DISTT.- KAIMUR AT BHABUA. 4. MAHENDRA YADAV S/O LATE LAL JI YADAV R/O VILLAGE- BHANPUR, P.S- DURGAWATI, DISTT.- KAIMUR AT BHABUA. 5. SURENDRA YADAV S/O LATE LAL JI YADAV R/O VILLAGE- BHANPUR, P.S- DURGAWATI, DISTT.- KAIMUR AT BHABUA. 6. GOPAL YADAV S/O LATE LAL JI YADAV R/O VILLAGE- BHANPUR, P.S- DURGAWATI, DISTT.- KAIMUR AT BHABUA. 7. GANESH YADAV S/O LATE LALJI YADAV R/O VILLAGE- BHANPUR, P.S- DURGAWATI, DISTT.- KAIMUR AT BHABUA. 8. KRISHNA YADAV S/O MAHENDRA YADAV R/O VILLAGE- BHANPUR, P.S- DURGAWATI, DISTT.- KAIMUR AT BHABUA. 9. PRINCE KUMAR YADAV @ PRINCE YADAV S/O MAHENDAR YADAV @ MAHENDRA YADAV R/O VILLAGE- BHANPUR, P.S- DURGAWATI, DISTT.- KAIMUR AT BHABUA. 10. UMA YADAV @ MUNNA YADAV S/O BISHUNI YADAV @ BISHUN YADAV R/O VILLAGE- BHANPUR, P.S- DURGAWATI, DISTT.- KAIMUR AT BHABUA. 11. SANT LAL YADAV @ SANT DAYAL YADAV @ AMOD YADAV S/O GOPAL YADAV R/O VILLAGE- BHANPUR, P.S- DURGAWATI, DISTT.- KAIMUR AT BHABUA. 12. VIPIN YADAV @ VIPUL YADAV S/O LATE SHAMBHU YADAV R/O VILLAGE- BHANPUR, P.S- DURGAWATI, DISTT.- KAIMUR AT BHABUA. 13. DEV MUNI YADAV S/O RAM PYARE YADAV @ RAMPYARE YADAV R/O VILLAGE- BHANPUR, P.S- DURGAWATI, DISTT.- KAIMUR AT BHABUA. ... ... Petitioner/s Versus THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : Patna High Court CR. MISC. No.55804 of 2024(3) dt.20-01-2025 2/4 For the Petitioners : Mr.Rajani Kant Pandey, Adv. For the State : Mrs.Nirmala Kumari, APP For the O.P.2 : Mr.Rahul Rathore / Mr. Ravi Shankar Pd. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 20-01-2025 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant. 2. The petitioners apprehend their arrest in a case registered for the offence under Sections of the Indian Penal Code. 3. As per the prosecution case, on the alleged date and time of occurrence, the petitioners alongwith other co-accused persons were forcibly harvesting wheat crop from the field of the informant and on protest, the accused persons attacked the informant party and Sant Dayal (petitioner no. 11) inflicted injury by Garasa on the head of the husband of the informant, petitioner no. 6 Gopal caused fracture of hand by Lohbanda, petitioner no. 5 Surendra Yadav inflicted Lohbanda blow causing fracture of leg of the husband of the informant, petitioner no. 9 Prince opened fire, co-accused Sandip Yadav inflicted injury on head of Sanjay Yadav by means of Lohbanda petitioner no. 4 Mahendra inflicted injury by Ballam on the head on Sonu, petitioner no.10 Uma and petitioner no. 13 Dev Muni causing fracture of hand of injured Sanjay Yadav by Lathi, petitioner no. 12 Vipul and co-accused Krishna caused fracture Patna High Court CR. MISC. No.55804 of 2024(3) dt.20-01-2025 3/4 of hand of Vijendra by inflicting lathi blow and petitioner no, 2 Ajay inflicted Lohbanda blow causing injury on head of Narendra Yadav. 4. Learned counsel for the petitioners submits that due to dispute over a piece of land, a free-fight took place between the parties, in which both sides sustained injuries. There is case and counter case. In this case, 14 named and 20-25 unknown persons have been made accused. Allegation is general and omnibus. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State and learned counsel for the informant have opposed the bail petition. 6. Considering the backdrop of the case, case & counter case between the parties and clean antecedent of petitioners, the prayer for anticipatory bail of petitioners is allowed. 7. Accordingly, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Mohania, District – Kaimur at Bhabhua in connection with Durgawati P.S. Case No. 97 of 2024, subject to Patna High Court CR. MISC. No.55804 of 2024(3) dt.20-01-2025 4/4 condition as laid down under Section 438(2) of the Code of Criminal Procedure. anay (Prabhat Kumar Singh, J) U T