Hari Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19487 of 2025 Arising Out of PS. Case No.-337 Year-2020 Thana- PHULPARAS District- Madhubani ====================================================== Hari Shankar Yadav S/O Bhola Yadav R/O- Village- Baraghat, P.S.- Phulparas, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Phulparas P.S. Case No. 337 of 2020, registered on 13.07.2020, for the offences punishable under Sections 341, 323, 324, 308, 504 and 34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against eight named accused persons, including the petitioner, alleging that they tried to outrage the modesty of the informant. It is further alleged that, on the next day, one of the co-accused, namely Pintu Yadav @ Vidyanand Vimal, attacked the informant's husband with a taangi, as a result of which he became unconscious.

Patna High Court CR. MISC. No.19487 of 2025(2) dt.16-04-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that a trivial dispute is going on between the parties. It is also submitted that the petitioner has one criminal case pending against him, which was filed by the informant's son, apart from this, no other criminal case is pending against him. Counsel further submits that both families are well known to each other and are residents of the same village. However, due to a petty dispute with regard to keeping certain articles in a field, dispute has been ongoing between the parties for a long time.

5. Learned APP for the State opposes the prayer for bail.

6. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., IInd, Jhanjharpur, Madhubani, in connection with Phulparas P.S. Case No. 337 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.19487 of 2025(2) dt.16-04-2025 3/3

7. It is made clear that the Trial Court prior to accepting the bail bond of the petitioner shall verify that process under Sections 82 and 83 has been issued against the petitioner or not. If, the said process has been issued against the petitioner, then in that case, petitioner shall not be released on bail. (Dr. Anshuman, J.) Aman Kumar/- U T