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2026 DAILYLAW 6645 (PAT)

Yogendra Yadav v. The State of Bihar

CR. MISC./18350/2026 · 2026-04-06

Arun Kumar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16324 of 2026 Arising Out of PS. Case No.-50 Year-2024 Thana- GOVINDGANJ District- East Champaran ====================================================== 1. Kanhaiya Yadav S/o Ram Awatar Yadav R/o Village - Jitwarpur, P.S - Gobindganj, District - East Champaran 2. Rajanti Devi @ Rajayanti Devi W/o Yogendra Yadav R/o Village - Jitwarpur, P.S - Gobindganj, District - East Champaran 3. Meena Devi W/o Rajendra Yadav R/o Village - Jitwarpur, P.S - Gobindganj, District - East Champaran 4. Santlal Yadav @ Om Prakash Yadav S/o Late Dhup Yadav R/o Village - Jitwarpur, P.S - Gobindganj, District - East Champaran 5. Ashok Kumar @ Ashok Yadav S/o Rajendra Yadav R/o Village - Jitwarpur, P.S - Gobindganj, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 18350 of 2026 Arising Out of PS. Case No.-50 Year-2024 Thana- GOVINDGANJ District- East Champaran ====================================================== Yogendra Yadav S/O Late Dhrup Yadav @ Dhruv Yadav R/O Village- Jitwarpur, P.S- Gobindganj, Distt.- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 16324 of 2026) For the Petitioner/s : Mr.Abhishek Kumar, Advocate Ms. Harsha Shashwat, Advocate For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP (In CRIMINAL MISCELLANEOUS No. 18350 of 2026) For the Petitioner/s : Mr.Abhishek Kumar, Advocate Ms. Harsha Shashwat, Advocate For the Opposite Party/s : Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 06-04-2026 Both the cases arise from the same P.S. case, as such, Patna High Court CR. MISC. No.16324 of 2026(2) dt.06-04-2026 2/5 both the matters are taken up together and are disposed of vide a common order. 02. Heard learned counsel for the petitioners and learned A.P.P. for the State. 03. In the present case, the petitioners are apprehending their arrest in connection with Govindganj P.S. Case No.50 of 2024 registered for the alleged offences under Section 147, 148, 149, 341, 323, 324, 325, 379, 307 of the Indian Penal Code. 04. As per prosecution case, petitioners and other coaccused persons making an unlawful assembly and variously armed surrounded the informant. Petitioner Yogendra Yadav gave a farsa blow on his head and other coaccused Dilip Yadav and Ashok Yadav snatched Rs. 10,000/- from him and assaulted him with rod. Thereafter, coaccused Guddu Yadav and Rupesh Yadav assaulted him on his leg causing fracture on his right foot. The family members of the informant were also assaulted and their household articles were damaged. The occurrence took place in the background of the fact that the brother of the informant had earlier lodged Govindganj P.S. Case No. 132 of 2023 against the petitioners. 05. Learned counsel for the petitioners submits that Patna High Court CR. MISC. No.16324 of 2026(2) dt.06-04-2026 3/5 the petitioners are innocent and have been falsely implicated in this case. The present case is counter blast of Govindganj P.S. Case No. 46 of 2024 which has been registered for the offences under Sections 148, 147, 149, 341, 323, 324, 308, 447, 307, 380, 504, 354(B) of the IPC. One Vinay Yadav sexually assaulted the minor daugther of the petitioner Sant Lal Yadav and when the petitioner side took up this matter with his family, they assaulted the petitioners causing a number of injuries to them. Learned counsel further submits that in any case, the occurrence could be taken as a free fight between two groups and there was no intention to cause death. Learned counsel further submits that moreover there is specific allegation against petitioners of Criminal Miscellaneous No. 16324 of 2026 and allegation of assault is specific against petitioner Yogendra Yadav of Criminal Miscellaneous No. 18350 of 2026 but the said injury is not supported by the injury report as no sharp cut injury has been found on the informant and the injury on the informant is a lacerated one of size 4”x1/2” in frontoparietal region apart from pain in right limb. Though fracture of base of metatarsal bones and fracture of base of proximal phalanx has been observed and these injuries are stated to be grievous. Learned counsel further submits that there is also land dispute Patna High Court CR. MISC. No.16324 of 2026(2) dt.06-04-2026 4/5 between the parties and dispute over right to way. Learned counsel reiterates that there was no intention to cause death and no offence under Section 307 of the IPC is made out against the petitioners. Petitioner Rajanti Devi, Santlal Yadav and Ashok Kumar @ Ashok Yadav are having antecendent of one case each and petitioner Yogendra Yadav has antecedent of two cases. They are on bail in all the cases. Petitioner Kanhaiya Yadav and Meena Devi have no criminal antecedent. 06. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioners. 07. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the earlier counter version of the petitioners side and further considering the non-serious nature of injuries, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Court of ACJM-Ist, Motihari, East Champaran in connection with Govindganj P.S. Case No.50 of 2024, subject to the condition laid down under Patna High Court CR. MISC. No.16324 of 2026(2) dt.06-04-2026 5/5 Section 482(2) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioners. (ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court. anuradha/- (Arun Kumar Jha, J) U T