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
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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.
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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.,
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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/-
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