Partly allowed

Balchand Yadav @ Blachan Yadav v. The State of Bihar

Patna HC8 Jun 2022CR. MISC./8795/2022

Case brief

AI extract

What is this about?

High Court granted anticipatory bail to specific petitioners in a PS case involving assault and rape allegations, distinguishing those with clean antecedents from those with criminal records who were directed to seek regular bail.

What did the court decide?

Released on anticipatory bail on furnishing bail bond of Rs. 10,000/- each with two sureties subject to conditions under Section 438(2) CrPC.

Balchand Yadav @ Blachan Yadav Vs The State of Bihar — Bail and Remand | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8795 of 2022

¶2

Arising Out of PS. Case No.-57 Year-2021 Thana- MATIYARIA District- West Champaran

¶3

======================================================

¶4

BALCHAND YADAV @ BLACHAN YADAV S/o Khobhari yadav Resident of Village- Sherpur, P.S.- Matiyariya, District- West Champaran.

¶5

MAHEDNRA YADAV S/o Khobhari Yadav Resident of Village- Sherpur, P.S.- Matiyariya, District- West Champaran.

¶6

RUDAL YADAV S/o Khobhari Yadav Resident of Village- Sherpur, P.S.Matiyariya, District- West Champaran.

¶7

RAMASHISH YADAV S/o Balchan Yadav Resident of Village- Sherpur, P.S.- Matiyariya, District- West Champaran.

¶8

RAMPRASAD YADAV S/o Balchand Yadav Resident of Village- Sherpur, P.S.- Matiyariya, District- West Champaran.

¶9

PRAKASH YADAV S/o Balchand Yadav Resident of Village- Sherpur, P.S.Matiyariya, District- West Champaran.

¶10

BRIJESH YADAV S/o Pritam Yadav Resident of Village- Sherpur, P.S.Matiyariya, District- West Champaran.

¶11

MAYENT YADAV @ MAHANT YADAV S/o Pritam yadav Resident of Village- Sherpur, P.S.- Matiyariya, District- West Champaran.

¶12

AJAY YADAV S/o Bikau Yadav Resident of Village- Sherpur, P.S.Matiyariya, District- West Champaran.

¶13

BIJAY YADAV S/o Bikau Yadav Resident of Village- Sherpur, P.S.Matiyariya, District- West Champaran.

¶14

PRAMOD YADAV S/o Bikau Yadav Resident of Village- Sherpur, P.S.Matiyariya, District- West Champaran.

¶15

SUBODH YADAV S/o Bikau Yadav Resident of Village- Sherpur, P.S.Matiyariya, District- West Champaran.

¶16

RAMCHANDRA SAH S/o Late Yug Lal Sah Resident of Village- Sherpur, P.S.- Matiyariya, District- West Champaran.

¶17

RAMESH SAH S/o Late Yug Lal Sah Resident of Village- Sherpur, P.S.Matiyariya, District- West Champaran.

¶18

SHRI KISHUN SAH @ HARI KISHUN SAH S/o Late Chirkut Sah Resident of Village- Sherpur, P.S.- Matiyariya, District- West Champaran.

¶19

ASHA MAHATO D/o Late Harakh Mahato Resident of Village- Sherpur, P.S.- Matiyariya, District- West Champaran.

¶20

DINSEH YADAV S/o Chandrika Yadav Resident of Village- Sherpur, P.S.Matiyariya, District- West Champaran.

¶21

AMBIKA YADAV S/o Late Ugar Yadav Resident of Village- Sherpur, P.S.Matiyariya, District- West Champaran.

¶22

CHANDRIKA YADAV S/o Late Ugar Yadav Resident of Village- Sherpur, P.S.- Matiyariya, District- West Champaran.

¶23

CHUNNU YADAV S/o Sahdev Yadav Resident of Village- Sherpur, P.S.-

¶24

Patna High Court CR. MISC. No.8795 of 2022(3) dt.08-06-2022 2/5

¶25

Matiyariya, District- West Champaran.

¶26

YOGENDRA BHANDARI S/o Laxman Bhandari Resident of VillageSherpur, P.S.- Matiyariya, District- West Champaran.

¶27

SURAJ YADAV S/o Mahendra Yadav Resident of Village- Rampur, P.S.Shikarpur, District- West Champaran.

¶28

KASRAT YADAV S/o Mahendra Yadav Resident of Village- Rampur, P.S.Shikarpur, District- West Champaran.

¶29

DHURENDRA YADAV S/o Rudal Yadav Resident of Village- Rampur, P.S.Shikarpur, District- West Champaran.

¶30

BIJULI YADAV @ BIJALI YADAV S/o Satyadev Yadav Resident of Village- Rampur, P.S.- Shikarpur, District- West Champaran.

¶31

JAIRAM YADAV S/o Birjhan Yadav Resident of Village- Berkahni, P.S.Ramnagar, District- West Champaran.

¶32

RAKESH BAITHA S/o Vairagi Baitha Resident of Village- Berkahni, P.S.Ramnagar, District- West Champaran.

¶33

RAMAKANT YADAV S/o Vriksha Yadav Resident of Village- Berkahni, P.S.- Ramnagar, District- West Champaran.

¶34

VINOD YADAV S/o Ram charan Yadav Resident of Village- Berkahni, P.S.Ramnagar, District- West Champaran.

¶35

SANTOSH YADAV S/o Mangal Yadav Resident of Village- Berkahni, P.S.Ramnagar, District- West Champaran.

¶36

CHHOTA YADAV S/o Ramakant Yadav Resident of Village- Berkahni, P.S.Ramnagar, District- West Champaran.

¶37

CHHATHU PAWE S/o Ramji Pawe R/o Tahakwal, P.S. - Gaunaha, District - West Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶42

====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

¶43

3 08-06-2022 Heard the learned counsel for the petitioners and

¶44

the learned A.P.P. for the State.

¶45

At the outset, the learned counsel for the petitioners submits that petitioner no. 14 has already been arrested during

¶46

Patna High Court CR. MISC. No.8795 of 2022(3) dt.08-06-2022 3/5

¶47

the pendency of the present petition, as such the present petition qua petitioner no. 14 has been rendered infructuous.

¶48

Accordingly, the present petition qua petitioner no. 14 stands dismissed as not pressed.

¶49

This is an application for grant of anticipatory bail in connection with Matiyariya PS case no. 57 of 2021 registered for the offences punishable under Sections 354B, 379 and other allied sections of the Indian Penal Code.

¶50

At this juncture, it may be relevant to point out that the present petition qua petitioners no. 11, 13, 16 and 18 has already stood dismissed.

¶51

The case of the prosecution in brief is that all the accused persons numbering 32 in all, are stated to have arrived at the agricultural land of one Sumit Yadav when the informant was sowing seeds there. It is also alleged that all the accused persons had then assaulted the informant and other labourers working there resulting in several members of the prosecution party receiving injuries.

¶52

At this juncture, when it has been pointed out to the learned counsel for the petitioners that as far as petitioners no. 3, 5, 8, 10, 12, 15, 17, 19 to 30 and 32 are concerned, they are not bearing any criminal antecedent, however rest of the

¶53

Patna High Court CR. MISC. No.8795 of 2022(3) dt.08-06-2022 4/5

¶54

petitioners have couple of criminal cases pending against them, hence it would be appropriate for such petitioners who are having criminal antecedent, to surrender before the learned court below and seek regular bail, the learned counsel for the petitioners has submitted that a general and omnibus allegation of assault has been levelled against all the accused petitioners except petitioner no. 1 who has been alleged to have hit on the nose of the informant, hence, at least, those petitioners who are having clean antecedent be granted the privilege of anticipatory bail while rest of the petitioners who are having criminal antecedent may be granted liberty to surrender before the learned court below and seek regular bail.

¶55

In such view of the matter, the learned counsel for the petitioners seeks to withdraw the present petition qua petitioners no. 1, 2, 4, 6, 7, 9 and 31 in order to enable them to surrender before the learned court below and seek regular bail.

¶56

Accordingly, the present petition qua petitioners no. 1, 2, 4, 6, 7, 9 and 31 stands disposed off as not pressed, however with liberty to them to surrender before the learned court below and seek regular bail.

¶57

Having regard to the fact that a general and omnibus allegation has been levelled against all the petitioners and as far

¶58

Patna High Court CR. MISC. No.8795 of 2022(3) dt.08-06-2022 5/5

¶59

as petitioners no. 3, 5, 8, 10, 12, 15, 17, 19 to 30 and 32 are concerned, they are having a clean antecedent, I deem it fit and appropriate to admit them to the privilege of anticipatory bail.

¶60

Accordingly, the petitioners no. 3, 5, 8, 10, 12, 15, 17, 19 to 30 and 32, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 4^th , Bettiah, West Champaran in connection with Matiyariya PS case no. 57 of 2021, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

¶61

(Mohit Kumar Shah, J)

¶62

rinkee/-

¶63

U T

Balchand Yadav @ Blachan Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Balchand Yadav @ Blachan Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kunti Devi Vs The State of Bihar

Rajesh Paswan Vs The State of Bihar

Sri Raj Kishore Prasad @ Raj Kishore Prasad @ Raj Kishor Prasad Gupta Vs the State of Bihar

Akram Kuraisi @ Wasim Akram Vs The State of Bihar

Raja @ Suman Barnwal @ Suman Kumar Barnwal Vs The State of Bihar

Vicky Bhawal Vs Naresh Bhawal