Nagina Yadav @ Nagina Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3931 of 2025 Arising Out of PS. Case No.-142 Year-2024 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.

Nagina Yadav @ Nagina Singh 2.

Rama Yadav @ Ramanand Yadav 3.

Gopal Yadav 4.

Kishori Yadav @ Nand Kishor Yadav.

All S/o Late Chandradeep Yadav R/o Village- Patthalghata (Mathiya Par), P.S.- Buniyadganj, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Durgesh Nandan, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-02-2025 Heard Mr.Durgesh Nandan, learned counsel for the petitioners and Mr.Awadhesh Kumar Singh, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Buniyadganj P.S.Case No.142 of 2024, FIR dated 07.06.2024 registered for the offences punishable under Sections 341,323,307,379,354(B),504,506/34 of IPC.

3. Prosecution case, in brief is that on 06.06.2024 at about 6:00 am, petitioners along with other co-accused came at the house of the informant and pulled from her house by catching her hair abused and assaulted with leg, fat and fists

2/4 without any fult. It is further alleged that on next day 07.06.2024 at about 6:00 PM, all the accused persons assaulted with leg, fat and fists with intention to kill him due to which she became injured and they also snatched ornaments and threatened to kidnap her daughter.

4. Learned counsel for the petitioners submits that petitioners they have falsely been implicated in the present case. Although petitioners are named in the FIR and there is specific allegation against the petitioners is that they all assaulted to the informant and although the informant has received the injury but the injury report of the informant suggests that the injury is simple in nature caused by hard and blunt substance and apart from that, before institution of the present FIR, the petitioners' side has also filed Buniyadganj P.S.Case No.140 of 2024 which was filed by the wife of petitioner No.4 against the son of the informant.

5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioners and submits that petitioner Nos.1 to 3 carry one more case other than the present one and petitioner No.4 carries two more cases other than the present one, but fairly submits that the petitioners are on bail in the pending matters, as mentioned in

3/4 paragraph-3 of the anticipatory bail petition.

6. Considering the aforesaid facts, 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)each with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya in connection with Buniyadganj P.S.Case No.142 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below. (II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for

4/4 cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T