Akhilesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21211 of 2025 Arising Out of PS. Case No.-383 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== Akhilesh Yadav S/O Hari Chandra Yadav Resident Of Village- Gahiri, Near Moel School, P.s.- Nautan, Dist.- West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Kishun Prasad, Advocate For the Opposite Party/s :
Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-08-2025 Heard Mr. Ram Kishun Prasad, learned counsel for the petitioner and Mr. Dr. Ajeet Kumar, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Nautan P.S. Case No. 383 of 2024, F.I.R. dated 14.10.2024 for the offences punishable under Sections 304(2), 3(5) of the Bhartiya Nyay Sanhita, 2023.
3. As per the First Information Report, the informant alleged that while he was returning to home and reached at Gahiri Chowk, four persons on two motorcycle stopped and snatched his motorcycle and fled away.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The name of the petitioner transpired on the basis of disclosure made by local people and
Patna High Court CR. MISC. No.21211 of 2025(4) dt.05-08-2025 2/3 confessional statement of co-accused person, namely, Imran and except the aforesaid, no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence and similarly situated coaccused person, namely, Rishikesh @ Rishikesh Kumar has been granted the privilege of anticipatory bail by this Court vide order dated 20.05.2025 in Cr. Misc. No. 25771 of 2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the name of the petitioner transpired on the basis of disclosure made by local people and confessional statement of apprehended co-accused person.
6. Considering the aforesaid facts and circumstances, the petitioner has clean antecedent and similarly situated coaccused person has been granted the privilege of anticipatory bail by this Court, 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Nautan P.S. Case No. 383 of 2024, subject to the conditions as laid down under Section 438(2) of the Code
Patna High Court CR. MISC. No.21211 of 2025(4) dt.05-08-2025 3/3 of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita 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 bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T