TUNTUN YADAV @ TUNTUN CHAUDHARY v. The State of Bihar
/58574/2024 · 2025-05-09
Smt Soni Shrivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 64909 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64909 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58574 of 2024 Arising Out of PS. Case No.-203 Year-2024 Thana- KATEYA District- Gopalganj ======================================================
1. Tuntun Yadav @ Tuntun Chaudhary Son Of Sri Chhabila Yadav @ Chhabila Chaudhary R/V- Village- Pardiya, P.S.- Kataya, Distt.- Gopalganj
2. Balishtar Yadav @ Bairister Yadav S/O-Ramchabila Yadav R/V- Village- Pardiya, P.S.- Kataya, Distt.- Gopalganj
3. Karan Yadav S/O-Sri Balishtar Yadav R/V- Village- Pardiya, P.S.- Kataya, Distt.- Gopalganj
4. Pankaj Yadav @ Pankaj Kumar Yadav S/O-Sri Balishtar Yadav R/V- Village- Pardiya, P.S.- Kataya, Distt.- Gopalganj
5. Mannu Yadav @ Mannu Kumar Yadav S/O-Sri Balishtar Yadav R/V- Village- Pardiya, P.S.- Kataya, Distt.- Gopalganj
6. Anurag Yadav @ Anurag Chaudhary S/O- Sri Tuntun Yadav @ Tuntun Kumar Chaudhary Pardiya, P.S._KatayaR/V- Village- Pardiya, P.S.- Kataya, Distt.- Gopalganj
7. Parag Yadav @ Parag Chaudhary S/O-Sri Tuntun Yadav @ Tuntun Kumar Chaudhary R/V- Village- Pardiya, P.S.- Kataya, Distt.- Gopalganj
8. Dhiraj Yadav @ Dhiraj Kumar Yadav S/O-Sri Beyas Yadav R/V- Village- Pardiya, P.S.- Kataya, Distt.- Gopalganj
9. Pravin Yadav @ Pravin Kumar Yadav S/O-Sri Beyas Yadav R/V- Village- Pardiya, P.S.- Kataya, Distt.- Gopalganj
10. Subedar Yadav S/O-Sri Baban Yadav R/V- Village- Pardiya, P.S.- Kataya, Distt.- Gopalganj
11. Faudar Yadav S/O-Sri Baban Yadav R/V- Village- Pardiya, P.S.- Kataya, Distt.- Gopalganj
12. Kavi Yadav S/O-Sri Dhuman Yadav R/V- Village- Pardiya, P.S.- Kataya, Distt.- Gopalganj
13. Ravi Yadav @ Ravi S/O-Sri Dhuman Yadav R/V- Village- Pardiya, P.S.- Kataya, Distt.- Gopalganj
14. Pappu Yadav @ Pappu Chaudhary @ Pappu Kumar S/O-Sri Parma Yadav @ Parma Chaudhary R/V- Village- Pardiya, P.S.- Kataya, Distt.- Gopalganj
15. Jitan Yadav S/O-Dina Yadav R/V- Village- Pardiya, P.S.- Kataya, Distt.- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================
Patna High Court CR. MISC. No.58574 of 2024(5) dt.09-05-2025 2/4 Appearance : For the Petitioner/s : Mr.Vijay Kumar Sinha For the Opposite Party/s : Mr.Madan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 5 09-05-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354, 379 of the Indian Penal Code. 3.
The matter relates to an old land dispute with regard to which the informant and others were assaulted by the accused persons being as many as 15 persons who are all petitioners in the present application. There are different allegations attributed to different persons of assault upon the injured persons by using weapons like iron rod, farsa, vala, sword etc. 4. Learned counsel for the petitioners submits that as a matter of fact, the matter relates to a free fight between the parties in which both the parties have sustained injuries and FIR has also been lodged against the prosecution side by the accused persons which has been brought on record by way of Annexure- P/2. It is further submitted that the petitioners and the informant
Patna High Court CR. MISC. No.58574 of 2024(5) dt.09-05-2025 3/4 side are agnates and there is a land dispute between the parties. The attention of this Court has been drawn towards the injury reports of the persons who have got injured and the same would go to show that mostly the injuries are simple in nature but for one on Risha Devi whose initial injury report shows that one of the injuries was simple in nature while one injury was reserved for CT Scan and as per the CT Scan report, there is linear undisplaced fracture in the LT parietal bone. However, this injury has been opined to be grievous in nature by the concerned doctor. 5. Learned APP for the State has opposed the application for anticipatory bail. 6.
Taking into consideration the fact that it is a case of free fight between two parties, there is case and counter case and the injuries have been sustained on both the sides, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond 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 Kataya P.S. Case No. 203 of 2024, subject to the condition
Patna High Court CR. MISC. No.58574 of 2024(5) dt.09-05-2025 4/4 as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
devendra/- (Soni Shrivastava, J) U T