Bale Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13652 of 2026 Arising Out of PS. Case No.-285 Year-2024 Thana- BARAHAT District- Banka ====================================================== 1.

Bale Yadav Son of Kesho Yadav All Village - Godhavar(Gurudwar), P.S. - Barahat, District - Banka.

2.

Sunil Yadav Son of Bale Yadav All Village - Godhavar(Gurudwar), P.S. - Barahat, District - Banka.

3.

Akhilesh Yadav Son of Rupan Yadav All Village - Godhavar(Gurudwar), P.S. - Barahat, District - Banka.

4.

Shaligram Yadav Son of Bhorkran Yadav All Village - Godhavar(Gurudwar), P.S. - Barahat, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vibhakar Kumar, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-07-2026 Heard the parties.

2. The petitioners are apprehending their arrest in connection with Barahat P.S. Case No. 285 of 2024 for the offence under sections 126(2), 115(2), 110, 117(2), 303(2), 352, 351(2) and 3(5) of the BNS lodged on 03.11.2024 by the informant, Sachendra Rai.

3. As per the prosecution story, the informant alleged that while he was at his house, the accused persons came in intoxicated state and after abuse and alleging that he is prohibited from taking intoxicant, on the order of petitioner no.

2/4 1, who also subsequently assaulted, the petitioner nos. 2 and 3 namely Sunil Yadav and Akhilesh Yadav resorted to assault causing grievous injury. Later, the accused persons also assaulted his family members. This led to the FIR.

4. Learned counsel for the petitioners submit that allegation is mainly against petitioner nos. 2 and 3 namely Sunil Yadav and Akhilesh Yadav, petitioner no. 1, Bale Yadav, is only an order giver as far as petitioner no. 4, Shaligram Yadav is concerned, no specific role has been assigned save and except putting him in a list of accused.

5. Learned APP opposes the prayer submitting that the petitioner no. 1, Bale Yadav is a creator of the entire story and allegation of assault is also on him. Petitioner nos. 2 and 3 namely Sunil Yadav and Akhilesh Yadav also assaulted and the injury report which has come alongwith the case diary shows that it has been found to be grievous in nature.

6. Taking into account the submissions of the parties, so far as allegation against on petitioner no. 1, 2 and 3 namely Bale Yadav, Sunil Yadav and Akhilesh Yadav respectively are concerned, the anticipatory bail application stands rejected.

7. So far as petitioner no. 4, Shaligram Yadav is concerned, considering that no specific role has been assigned to

3/4 him nor he has criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

7. Let the petitioner no. 4, Shaligram Yadav be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Barahat P.S. Case No. 285 of 2024 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner no. 4, Shaligram Yadav who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide; (ii) the petitioner no. 4, Shaligram Yadav 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 bail bond by the Trial Court itself; (iii) the petitioner no. 4, Shaligram Yadav shall appear before the concerned police station every month for six months to mark their attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which

4/4 steps shall be taken for the cancellation of the bail bonds; (iv) the petitioner no. 4, Shaligram Yadav 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; (v) the petitioner no. 4, Shaligram Yadav shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

(Rajiv Roy, J) Adnan/- U T