Patna High Court – Orders
Kashinath Yadav @ Kashinath Singh vs The State Of Bihar on 29 January, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73259 of 2024
Arising Out of PS. Case No.-182 Year-2024 Thana- BIHIA District- Bhojpur
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1. Kashinath Yadav @ Kashinath Singh Son of Late Lalmohar Singh R/O Vill.-
Samardah, P.S.- Bihiya, Dist.- Bhojpur
2. Dinesh Yadav @ Dinesh Singh Son of Shivji Yadav @ Shiv Ji Singh R/O
Vill.- Samardah, P.S.- Bihiya, Dist.- Bhojpur
3. Randhir Yadav @ Devendra Kumar Son of Kashinath Yadav @ Kashinath
Singh R/O Vill.- Samardah, P.S.- Bihiya, Dist.- Bhojpur
4. Devesh Yadav @ Devesh Kumar Son of Kashinath Singh @ Kashinath
Yadav R/O Vill.- Samardah, P.S.- Bihiya, Dist.- Bhojpur
5. Pappu Yadav @ Satish Dhavan Singh @ Satish Dhawan Singh Son of
Kashinath Yadav @ Kashinath Singh R/O Vill.- Samardah, P.S.- Bihiya,
Dist.- Bhojpur
6. Dharmpal Yadav @ Dhrampal Kumar @ Dharmpal Singh Son of Awadesh
Yadav @ Awadesh Kumar Singh R/O Vill.- Samardah, P.S.- Bihiya, Dist.-
Bhojpur
7. Rajendra Yadav @ Rajendr Singh Son of Late Bhajan Yadav @ Bhajan
Singh R/O Vill.- Samardah, P.S.- Bihiya, Dist.- Bhojpur
8. Aman Yadav @ Aman Kumar Son of Dinesh Yadav @ Dinesh Singh R/O
Vill.- Samardah, P.S.- Bihiya, Dist.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Prakash Sharma, Advocate
For the State : Mrs. Anita Kumari, APP
For the O.P. No.2 : Mr. Diwakar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 29-01-2025
Heard Mr. Uday Prakash Sharma, learned counsel
for the petitioners, Mr. Diwakar, learned counsel for the
opposite party no.2 and Mrs. Anita Kumari, learned counsel
appearing on behalf of the State.
2. The petitioners are apprehending their arrest in
Patna High Court CR. MISC. No.73259 of 2024(3) dt.29-01-2025
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connection with Bihiya P.S. Case No. 182 of 2024, F.I.R. dated
22.06.2024 for the offences punishable under Sections 147, 149,
323, 504, 307 and 379 of the Indian Penal Code.
3. According to prosecution case, petitioners are said
to have assaulted to the informant and his family members.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. He further submits that the
allegation as alleged in the FIR is false and fabricated and the
petitioners have not committed any offence as alleged in the
FIR. He further submits that both the parties are agnates to each
other and due to admitted land dispute the present occurrence
has taken place. He further submits that there is case and
counter case between the parties. He further submits that
although there is specific allegation against these petitioners that
they have assaulted to the informant and his family members but
injury report of the son of the informant suggests that the injury
is found simple in nature caused by hard and blunt substance.
He further submits that it appears from paragraph nos. 59 & 60
that prosecution has exonerated petitioner nos. 2, 4 & 8 on the
ground that they were not present at the time of occurrence.
5. Learned counsel for the opposite party no.2 as well
Patna High Court CR. MISC. No.73259 of 2024(3) dt.29-01-2025
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as learned Additional Public Prosecutor for the State, on the
other hand, have vehemently opposed the prayer for bail of the
petitioners.
6. Considering the aforesaid facts that the petitioners
have clean antecedent, there is case and counter case between
the parties and injury inflicted upon the son of the informant is
simple in nature, let the petitioners, above named, in the event
of arrest or surrender before the court below within a period of
thirty days from the date of receipt of the order, be released 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 the learned A.C.J.M., 7th, Ara at Bhojpur in connection with
Bihiya P.S. Case No. 182 of 2024, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure/Section 482(2) of the B.N.S.S., 2023 and with other
following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
Patna High Court CR. MISC. No.73259 of 2024(3) dt.29-01-2025
4/4witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bonds of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
ajay/-
U T
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