Dismissed¶6

Rajesh Yadav @ Chutri Yadav @ Chhutri Yadav v. the State of Bihar

Patna HC15 May 2025CR. MISC./15358/2025

Case brief

AI extract

What is this about?

Patna High Court; regular bail rejected; Cr. Misc. No. 15358 of 2025; Simultala P.S. Case No. 83 of 2024, Jamui; offences under BNS 2023 (Ss.191(2), 126(2), 115(2), 118(1), 109(1), 308(3), 308(4), 132, 121(1), 121(2), 329(3), 352, 351(2), 351(3)); armed extortion demand of Rs. 2 lakh at school; accused not named in FIR but identified by witnesses in case diary Paras 12 and 16; judicial confession before police; five similar criminal antecedents; prior charges under Section 302/120B IPC and Section 436 IPC (assault on public servant); custody since 26.10.2024; impugned order dated 24.12.2024; order dated 15-05-2025 by Ramesh Chand Malviya, J.

What did the court decide?

Although the petitioner is not named in the FIR, his name was disclosed by the witnesses, as evident from Para 12 and Para 16 of the case diary. ¶6

Rajesh Yadav @ Chutri Yadav @ Chhutri Yadav Vs… — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶6

Issue for consideration

Whether the petitioner, in custody in Simultala P.S. Case No. 83 of 2024 for offences punishable under the BNS, 2023, should be granted regular bail.

¶5

Court's answer

Although the petitioner is not named in the FIR, his name was disclosed by the witnesses, as evident from Para 12 and Para 16 of the case diary.

¶6

Ratio / Principle

The petitioner confessed before the Police Officer that he was involved in the alleged crime.

¶6

Key takeaways

The petitioner possesses five criminal antecedents of similar nature, and in one case he was charged under Section 302/120B of the IPC.ratio¶6
In another case the petitioner assaulted a public servant and was charged under Section 436 of the I.P.C.ratio¶6
Considering all the circumstances of the case and the submissions made on behalf of the petitioner, the Court was not inclined to grant bail to the petitioner.ratio

Detailed headnote1 paragraphs

Criminal Miscellaneous No. 15358 of 2025 (arising out of Simultala P.S. Case No. 83 of 2024, Thana Simultalla, District Jamui) — Regular bail — Rejected. The petitioner, Rajesh Yadav @ Chutri Yadav @ Chhutri Yadav, in judicial custody since 26.10.2024 for offences punishable under Sections 191(2), 126(2), 115(2), 118(1), 109(1), 308(3), 308(4), 132, 121(1), 121(2), 329(3), 352, 351(2) and 351(3) of the BNS, 2023, sought regular bail. The FIR alleges that on 22.10.2024, 15-20 persons armed with pistol, knives, sword, lathi and danda came to Upgraded High School Basatpur and Rajesh Yadav demanded extortion of Rs. 2 lakh, assaulting the informant and teachers, with one Shiksha Sevak badly injured near Lahaban Station. Held: although not named in the FIR, the petitioner's name was disclosed by the witnesses (Case Diary Paras 12 and 16) and he confessed before the Police Officer to involvement in the crime; he further has five criminal antecedents of similar nature, including a charge under Section 302/120B IPC and a charge under Section 436 IPC for assaulting a public servant. Considering these circumstances and counsel's submissions, the Court was not inclined to grant bail and rejected the prayer. (Ramesh Chand Malviya, J.; order dated 15-05-2025.)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15358 of 2025

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Arising Out of PS. Case No.-83 Year-2024 Thana- SIMULTALLA District- Jamui

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

¶4

Rajesh yadav @ chutri yadav @ chhutri yadav

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Prakash Mahto, Adv For the Opposite Party/s : Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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4 15-05-2025

¶12

Heard learned counsel for the petitioner and

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learned APP for the State.

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The petitioner is in custody in connection with Simultala P.S Case No. 83 of 2024 registered for the offences punishable under Sections 191(2), 126(2), 115(2), 118(1), 109(1), 308(3), 308(3), 308(4), 132, 121(1), 121(2), 329(3), 352, 351(2), 351(3) of the BNS, 2023

¶15

As per allegation in the FIR, the informant Prahlad Kumar was incharge Principal of Upgraded High School Basatpur, Chandramandih, Chakai, P.S.- Simultala. On 22.10.2024, some persons came to the school and asked about the principal to which he replied that the principal was on leave. After sometime, 15 to 20 persons came to the school and they were equipped with pistol, knives, sword, lathi and danda and

¶16

Patna High Court CR. MISC. No.15358 of 2025(4) dt.15-05-2025 2/3

¶17

one of the person Rajesh Yadav demanded for extortation money of Rs. 2 Lakh: the informant shows his inability to pay such a huge amount and on this one of the accused person took out the pistol and the accused Rajesh yadav started assaulting him with lathi and rod. The teacher of the school Sanjeev Kumar Singh were also injured by Rajesh Yadav by knife. The other teachers were also beaten upon by the accused persons. The teachers ran away from school to escape from the wrath of the accused persons, but all the them followed the teachers to Lahaban Station where one of the Siksha Sevak Binod Kumar Rajak was badly injured.

¶18

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner is not named in the FIR and his name has been figured only and only due to village politics. Moreover, FIR has been lodge against only one person namely Rajesh Yadav. He also submits that no incriminating article has been recovered from the possession of the petitioner. He submits that allegation of demanding ransom and assault is only on FIR named accused person Rajesh Yadav. He further submits that petitioner is in judicial custody since 26.10.2024 having five antecedent of similar nature.

¶19

Patna High Court CR. MISC. No.15358 of 2025(4) dt.15-05-2025 3/3

¶20

However, learned APP for the State oppose the prayer for regular bail of the petitioner.

¶21

On perusal of the FIR, entire case diary, impugned order dated 24.12.2024, it appears that petitioner is not named in the FIR but his name has been disclosed by the witnesses which is evident from Para 12 and Para 16 of the case diary and petitioner has also confessed before the Police Officer that he was involved in the alleged crime. Moreover, petitioner possessed five criminal antecedent of similar nature and in one case he was charged under Section 302/120B of the IPC and in one case he has assaulted public servant and has been charged under Section 436 of the I.P.C., so considering all as circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, this Court is not inclined to grant bail to the petitioner.

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Accordingly, the prayer for bail application is

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hereby rejected

¶24

(Ramesh Chand Malviya, J)

¶25

Sunnykr/-

¶26

U T

Rajesh Yadav @ Chutri Yadav @ Chhutri Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Rajesh Yadav @ Chutri Yadav @ Chhutri Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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