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Patna High CourtCR. MISC./18289/2025bail granted

Abhinandan Kumar Yadav v. The State Of Bihar

2025-05-13Mr. Justice Satyavrat Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18289 of 2025 Arising Out of PS. Case No.-31 Year-2024 Thana- MORO District- Darbhanga ====================================================== Abhinandan Kumar Yadav Son of Gartu Yadav Resident of Ward No. 5, Village - Taralahi, P.S. - Bahadurpur, District - Darbhanga, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Singh For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-05-2025

1. 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 and 392 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases, but then it is submitted that two cases in which petitioner came to be implicated were instituted after the instant FIR was instituted. It is submitted that the instant FIR has been instituted on 30.05.2024 while the other two cases, as pleaded at Para-3 of the instant anticipatory bail application, have been instituted on 01.06.2024 and 08.06.2024. It is next submitted that in both the cases, petitioner is not named in the FIR and after the petitioner's name transpired in

2/4 the instant FIR, thereafter he came to be implicated in the aforesaid two cases also.

4. Learned counsel for the petitioner next submits that the informant alleges that while he was returning along with his wife on 29.05.2024 when at 07:50 PM he reached at Ram Swaroop Crossing when three motorcycle borne miscreants intercepted them and snatched the ornaments of his wife amounting to Rs. 50,000-60,000/-. The learned counsel for the petitioner submits that the name of the petitioner transpired in the confessional statement of Mahesh Yadav. It is further submitted that Mahesh Yadav in his confessional statement before the police has specifically stated that four persons were involved in the occurrence, as it has come at Para 55 of the case diary, but then does not name the petitioner as an accused who was associated in the occurrence, but subsequently disclosed that after selling the ornaments, an amount of Rs. 3,000/- was given to the petitioner.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that offences of the nature as alleged has become rampant in the State. It is further submitted that no doubt the name of the petitioner transpired in the confessional statement of the co-accused, but

3/4 then investigation in the case is in its nascent stages and if privilege of anticipatory bail is granted to the petitioner, the petitioner may abscond, on which the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Moro P.S. Case No. 31 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. One of the bailors of the petitioner shall be his father namely Gartu Yadav.

8. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the

4/4 investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

9. It is further made clear that if charge sheet is submitted connecting the petitioner with the offence, in that event the present anticipatory bail order shall lose its effect.

10. Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) Rishabh/- U T