Sabha Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3663 of 2025 Arising Out of PS. Case No.-97 Year-2024 Thana- PIRO District- Bhojpur ====================================================== Sabha Yadav S/O Jag Mohan Yadav R/O Inaratpur, P.S- Hasan Bazar, Distt.- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate.

For the Opposite Party/s :

Mr. Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 384, 385, 504 and 506/34 of the Indian Penal Code.

3. The prosecution case is that the petitioner had made a statement that the informant was not spending money and, upon a protest raised by the informant, the petitioner, who was the Mukhiya, abused and assaulted with fist.

4. It is submitted by learned counsel for the petitioner that the first information report itself would go to show that it was a statement which was made by the petitioner and no actual demand or no actual transaction of money took place in pursuance of the same. Further, a compromise has also been effected between the parties, which has been annexed as

Patna High Court CR. MISC. No.3663 of 2025(6) dt.11-08-2025 2/3 Annexure-2 to this petition, which shows that peaceful relationship has been established between the parties. It is pointed out that no case under Section 384 of the IPC is made out against the petitioner.

5. Learned APP for the State opposed the prayer for anticipatory bail on the ground that petitioner has criminal antecedents. However, in response to the same, it is submitted that all those are old cases of the years 1997, 1998 etc. and the petitioner is on bail in all those cases.

6.

Taking into consideration the facts and circumstances of the case coupled with the factum of compromise, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Piro P.S. Case No. 97 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to further conditions that: (i) One of the bailors would be family member of

Patna High Court CR. MISC. No.3663 of 2025(6) dt.11-08-2025 3/3 the petitioner.

(ii) The petitioner would make himself available before the Investigating Officer of the case as and when required.

(iii) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay preferably within a period of two weeks. (Soni Shrivastava, J) Trivedi/- U T