Mahendra Yadav vs The State Of Bihar on 2 July, 2025

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Patna High Court – Orders

Mahendra Yadav vs The State Of Bihar on 2 July, 2025

Author: Rajiv Roy

Bench: Rajiv Roy

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10889 of 2025
                        Arising Out of PS. Case No.-150 Year-2023 Thana- GURARU District- Gaya
                 ======================================================
           1.     Mahendra Yadav S/O Bisheshwar Yadav R/O Village - Bandaul, P.S.-
                  Guraru, District -Gaya.
           2.    Binay Yadav @ Binay Kumar @ Vinay Kumar S/O Bisheshwar Yadav R/O
                 Village - Bandaul, P.S.- Guraru, District -Gaya
           3.    Ranjeet Yadav @ Rajit Yadav S/O Mahendra Yadav R/O Village - Bandaul,
                 P.S.- Guraru, District -Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Durgesh Nandan, Advocate
                 For the State             :      Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   02-07-2025

Mr. Durgesh Nandan, learned counsel for the

petitioner and Mr. Jitendra Kumar Singh, learned APP

representing the State.

2. The petitioners are apprehending their arrest in

connection with Guraru P.S. Case No. 150 of 2023 for the

offence under Sections 147, 323, 341, 308, 325 and 504 of the

Indian Penal Code, lodged on 13.08.2023 by the informant,

Rampati Yadav.

3. As per the prosecution story, the informant alleged

that while working in the field, the accused persons came

armed variously and allegation is that Mahendra and Satendra
Patna High Court CR. MISC. No.10889 of 2025(4) dt.02-07-2025
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assaulted by wooden stick causing injury, when his son and

daughter-in-law came to rescue, allegation is that Surendra

Yadav also assaulted them causing fracture in the hands of his

daughter-in-law. This led to the F.I.R.

4. Learned counsel for the petitioner submits that so

far as the petitioner no.2, Binay Yadav @ Binay Kumar @

Vinay Kumar and petitioner no. 3, Ranjeet Yadav @ Rajit

Yadav respectively are concerned, no specific role has been

assigned to them. Further, to his knowledge, the injury inflicted

by petitioner no.1 Mahendra Yadav have been found to be

simple in nature. Last submission is that without accepting the

allegation or outcome of the petition those granted relief intend

to pay Rs.10,000/- each by Demand Draft to the informant

towards treatment issued by the local branch of the State Bank

of India.

5. Learned APP opposes the prayer for bail and has

taken this Court to injury report which is now on record, as the

case diary was called for, it shows that the opinion was

reserved in the matter.

6. Considering the allegation that has come against

the petitioner no.1, Mahendra Yadav, it would be appropriate

that he seek bail.

Patna High Court CR. MISC. No.10889 of 2025(4) dt.02-07-2025
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7. Accordingly, the prayer for anticipatory bail for

petitioner no.1, Mahendra Yadav stands rejected.

8. So far as the petitioner no.2, Binay Yadav @ Binay

Kumar @ Vinay Kumar and petitioner no. 3, Ranjeet Yadav @

Rajit Yadav are concerned as roles have not been assigned to

them, FIR is there, they shall be facing the trial, have no

criminal antecedent, in that background, this Court is inclined

to extend them the privilege of anticipatory bail subject to

payment of Rs.10,000/- each (totaling Rs.20,000) by Demand

Draft to the informant issued by the local branch of State Bank

of India and the receipt has to be submitted before the Trial

Court and after checking credentials to be handed over to the

informant.

9. Let the petitioner no.2, Binay Yadav @ Binay

Kumar @ Vinay Kumar and petitioner no. 3, Ranjeet Yadav @

Rajit Yadav be released on bail in the event of arrest or

surrender within a period of four weeks from the receipt of this

order, on furnishing bail bond of Rs. 10,000/- (Ten thousand)

each with two sureties of like amount each to the satisfaction of

learned Additional Chief Judicial Magistrate-X, Gaya, in

connection with Guraru P.S. Case No. 150 of 2023 subject to

the conditions as laid down under Section 438(2) of the Cr.P.C.,
Patna High Court CR. MISC. No.10889 of 2025(4) dt.02-07-2025
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as also with the following conditions:-

(i) one of the bailor should be the family

member/relative of the petitioner no.2, Binay Yadav @ Binay

Kumar @ Vinay Kumar and petitioner no. 3, Ranjeet Yadav @

Rajit Yadav who shall provide official document to show

his/her bona fide;

(ii) the petitioner no.2, Binay Yadav @ Binay Kumar

@ Vinay Kumar and petitioner no. 3, Ranjeet Yadav @ Rajit

Yadav shall appear on each and every date before the Trial

Court and failure to do so for two consecutive dates without

plausible reason will entail cancellation of their bail bond by

the Trial Court itself;

(iii) the petitioner no.2, Binay Yadav @ Binay Kumar

@ Vinay Kumar and petitioner no. 3, Ranjeet Yadav @ Rajit

Yadav shall appear before the concerned police station every

fortnight for next six months to mark their attendance;

(iv) the petitioner no.2, Binay Yadav @ Binay Kumar

@ Vinay Kumar and petitioner no. 3, Ranjeet Yadav @ Rajit

Yadav shall in no way try to induce or promise or threat the

witnesses or tamper with the evidences, failing which the State

shall be at liberty to take steps for cancellation of the bail

bonds;

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(v) the petitioner no.2, Binay Yadav @ Binay Kumar

@ Vinay Kumar and petitioner no. 3, Ranjeet Yadav @ Rajit

Yadav shall desist from committing any criminal offence again,

failing which the State shall be at liberty to take steps for

cancellation of bail bonds.

(Rajiv Roy, J)
vinayak/-

U      T
 



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