Hirday Kumar @ Hirday Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20886 of 2025 Arising Out of PS. Case No.-220 Year-2024 Thana- BELAGANJ District- Gaya ====================================================== 1.
Hirday Kumar @ Hirday Yadav Son of Late Laldhari Yadav villageBajitpur, Ps- Belaganj, Dist- Gaya 2.
Bhuneshwar Yadav @ Bhunesher Yadav Son of Hemanth Yadav@Laldhari Yadav village- Bajitpur, Ps- Belaganj, Dist- Gaya 3.
Jirva Devi @ Jira Devi wife of Late Laldhari Yadav village- Bajitpur, PsBelaganj, Dist- Gaya 4.
Gopal Yadav Son of Bhadu yadav @ Yadunandan Yadav@Mantu Yadav village- Bajitpur, Ps- Belaganj, Dist- Gaya 5.
Rita Devi wife of Gopal Yadav village- Bajitpur, Ps- Belaganj, Dist- Gaya 6.
Madhuri Devi @ Madhuri Kumari wife of Gore yadav @ Mantu Kumar village- Bajitpur, Ps- Belaganj, Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh For the Opposite Party/s :
Mr. Jitendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-04-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Belaganj P.S. Case No. 220 of 2024 for the offence under Sections 147, 149, 341, 323, 307, 379, 504 and 506 lodged on 26.04.2024 by the informant, Ranjeet Kumar.
3. As per the prosecution story, the informant alleged that while he was getting his beard shaved, the accused persons came there and after petitioner no. 1(Hirday Kumar @ Hirday Yadav) scolded the informant informing him that he cannot get
2/5 his beard shaved, after objection abused and thereafter all the accused persons (petitioners herein) assaulted fiercely causing fracture and injuries to the wife and other family members. There is allegation of snatching the gold chain also. This led to the F.I.R.
4. Learned counsel for the petitioners submits that though the learned Sessions Judge while rejecting the prayer for anticipatory bail has recorded the injuries to be grievous in nature, contrary to that, the injuries to Rubi Kumari (Annexure p/2) as also Rohit Raj and Ranjeet Kumar which has been provided by learned counsel for the petitioner to this Court and have also been seen by the learned APP shows that they are simple in nature. Further submission is that three of them are ladies, omnibus allegation is there, none have criminal antecedent and further irrespective of the outcome of the present case, the petitioners no. 1, 2 and 4 namely Hirday Kumar @ Hirday Yadav, Bhuneshwar Yadav @ Bhunesher Yadav and Gopal Yadav intends to pay Rs. 5,000/- each to the informant namely Ranjeet Kumar, Rubi Kumari and Rohit Raj (totalling Rs. 15,000/-).
5. They further undertake to visit the local Police Station (Belaganj) for one week everyday to clean the police station for
3/5 two hours every day between 11:00 A.M. to 1:00 P.M. and/or according to the time given by the Station Head Officer and at the end of the week and also intend to plant saplings in the Police Station.
6. Learned APP opposes the prayer for bail of the petitioner and submits that the injuries have been recorded as grievous in nature.
7. On the one hand, there is the observation of the learned Sessions Judge while rejecting the prayer for anticipatory bail observing that the injuries have been found to be grievous in nature whereas the petitioners with the help of documents which have been produced before this Court shows that it is simple in nature, the petitioners do not have any criminal antecedent, three of them are ladies, in that background, this Court is inclined to extend the privilege of anticipatory bail to them, subject to payment of Rs. 15,000/- as recorded above.
8. Let the petitioners 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 court of learned the Chief Judicial Magistrate,
4/5 Gaya, in connection with Belaganj P.S. Case No. 220 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners 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/her bail bond by the Trial Court itself;
(iii) the petitioner no. 1, Hirday Kumar @ Hirday Yadav, petitioner no. 2 Bhuneshwar Yadav @ Bhunesher Yadav, the petitioner no. 4, namely Gopal Yadav shall visit the Police Station every fortnight for next six months to mark his attendance;
(iv) the petitioners 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 petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds.
5/5
9. The petitioner no. 1, Hirday Kumar @ Hirday Yadav, petitioner no. 2 Bhuneshwar Yadav @ Bhunesher Yadav & petitioner no. 4, Gopal Yadav shall be visiting the Belaganj Police Station for one week to clean the campus between 9 to 11 A.M. and/or according to the time given by the S.H.O., and at the end of week, shall be planting sapplings and photographs as also their presence should be sent by the said S.H.O., Belaganj Police Station to Mr. Jitendra Kumar Singh, learned APP in the case.
10. The Trial court is further directed to check whether the injuries of Rubi Kumari, Ranjeet Kumar and Rohit Raj are simple in nature or not as shown by learned counsel. Only after satisfying himself/herself about the injuries, he/she shall release the petitioners on bail.
11. Let the matter come up on 4th July, 2025 at To Be Mentioned.
12. Let the name of Mr. Jitendra Kumar Singh appear in the cause list.
(Rajiv Roy, J) Ranjeet/- U T