Mahesh Yadav vs The State Of Bihar on 6 May, 2026

    0
    24
    ADVERTISEMENT

    Patna High Court – Orders

    Mahesh Yadav vs The State Of Bihar on 6 May, 2026

    Author: Ajit Kumar

    Bench: Ajit Kumar

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.22350 of 2026
                         Arising Out of PS. Case No.-226 Year-2020 Thana- MADHUBANI TOWN District-
                                                           Madhubani
                     ======================================================
               1.     Mahesh Yadav S/o Late Yogendra Yadav R/o Village - Kotwali Chowk,
                     Ward No. 42, P.S - Madhubani Town, District - Madhubani
               2.    Chhotu @ Chandeshwar Yadav @ Chhotu Yadav @ Chandeshwar Kumar
                     S/o Shri Nagendra Yadav R/o Village - Kotwali Chowk, Ward No. 42, P.S -
                     Madhubani Town, District - Madhubani
                                                                                   ... ... Petitioner/s
                                                          Versus
                     The State of Bihar Bihar
                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :      Mr.Ashok Kumar Alias Ashok Karn, Advocate
                     For the Opposite Party/s :      Mr.Sunil Kumar Pandey, APP
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                           ORAL ORDER
    
    3   06-05-2026

    Heard the learned counsel for the petitioners and

    learned Additional Public Prosecutor for the State.

    SPONSORED

    2. The petitioners are apprehending their arrest in

    connection with Madhubani Town P.S. Case No.226 of 2020,

    F.I.R dated 01.09.2020 registered for the offences punishable

    under Sections 147, 149, 323, 341, 337, 338, 324, 325, 504 506

    and 509 of the Indian Penal Code.

    3. According to prosecution case, on 31.08.2020 at

    about 11:00 P.M., the accused persons, in an intoxicated state,

    abused her and, upon protest, assaulted her and her family

    members with lathi, danda, and bricks, causing serious injuries.
    Patna High Court CR. MISC. No.22350 of 2026(3) dt.06-05-2026
    2/4

    Her brother-in-law, Mahesh Bari, became unconscious after

    sustaining a grievous head injury, while another family member,

    Anil Kumar Bari, suffered injuries including a blade injury on

    his neck causing heavy bleeding. The injured persons were

    taken by villagers to Sadar Hospital, Madhubani, where they

    underwent treatment.

    4. Learned counsel for the petitioners submits that the

    allegations are general and omnibus in nature and the Police

    registered a case under the aforesaid section but upon

    investigation, the Police has not submitted the charge-sheet

    under Section 307 of the I.P.C. It has further been submitted that

    the petitioners are innocent and have no criminal antecedent. It

    has further been submitted by referring to charge-sheet, which

    have been produced during the course of hearing, has been kept

    on record that the Court concerned differing with the same has

    taken cognizance without there being any materials.

    5. Learned APP for the State opposes the prayer for

    anticipatory bail application.

    6. Considering the aforesaid facts and circumstances

    the allegations are general and omnibus in nature and the Police

    has not submitted the charge-sheet under Section 307 of the

    I.P.C. Accordingly, this Court is inclined to grant the privilege of
    Patna High Court CR. MISC. No.22350 of 2026(3) dt.06-05-2026
    3/4

    anticipatory bail to the petitioners.

    7. Let the petitioners, above named, in the event of

    their 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 bond of Rs. 10,000/- (Ten Thousand)

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

    the learned C.J.M., Madhubani, in connection with Madhubani

    P.S. Case No.226 of 2020 , subject to the conditions as laid

    down under Section 438(2) of the Code of Criminal Procedure /

    Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and

    with other following conditions:-

    (i) one of the bailors should be the family

    member/relative/known of the petitioner(s) who shall provide

    official document/personal affidavit to show his/her bona fide;

    (ii) the petitioner(s) 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 his/her/their bail bond by the Trial Court itself;

    (iii) the petitioner(s) 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;

    Patna High Court CR. MISC. No.22350 of 2026(3) dt.06-05-2026
    4/4

    (iv) the petitioner(s) shall desist from committing any

    criminal offence again, failing which the State shall be at liberty

    to take steps for cancellation of their bail bonds.

    (Ajit Kumar, J)
    sharun/-

    U      T
     



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here