Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17827 of 2025 Arising Out of PS. Case No.-113 Year-2024 Thana- DANDARI District- Begusarai ====================================================== Subhash Yadav S/o- Late Ramashish Yadav Village- Turkiya P.S- Dandari Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-06-2025 Heard Mr. Nakul Kumar Jamuar, learned counsel for the petitioner as well as learned counsel for the informant and Mr. Surendra Prasad Singh, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Dandari P.S. Case No. 113 of 2024, F.I.R. dated 26.10.2024 for the offences punishable under Sections 127(2), 115(2), 329(4), 74, 109, 118(1), 117(2), 303(2), 352 and 3(5) of the BNS and Section 27 of the Arms Act.

3. According to prosecution case, the petitioner and other accused persons entered into the informant's house and started to assaulted him and his family members.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated

Patna High Court CR. MISC. No.17827 of 2025(3) dt.19-06-2025 2/3 in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that from perusal of the F.I.R it appears that there is specific allegation against the petitioner that he has assaulted the sister of the informant with the sharp edged weapon on her hand and head and although she has received injuries but the injury report does not support the allegation as alleged in the F.I.R., the injury report suggests that the injuries caused by the hard and blunt substance.

5. The learned Additional Public Prosecutor as well as learned counsel for the informant has vehemently opposed the prayer for bail of the petitioner and submits that there is specific allegation against this petitioner that he assaulted the sister of the informant.

6. Considering the aforesaid facts, the petitioner has clean antecedent and the allegation as alleged in the F.I.R. does not support by the medical evidence, let the petitioner, above named, in the event of 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 Judicial Magistrate-I, Begusarai in

Patna High Court CR. MISC. No.17827 of 2025(3) dt.19-06-2025 3/3 connection with Dandari P.S. Case No. 113 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 and with other following conditions:- i. Petitioner 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers 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 petitioner and in case at any stage 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, 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) Jyoti Kumari/- U T