Bullat Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23412 of 2025 Arising out of PS. Case No.-131 Year-2024 Thana- BHITAHA District- West Champaran ====================================================== Bullat Yadav, Son of Hardeo Yadav, Village -Hathuahwa, Muja Tola, Police Station -Bhitaha, District -West Champran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s:

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

2. The petitioner seeks bail in connection with Bhitaha P.S. Case No. 131 of 2024 instituted for the offences under Sections 191(2), 329(3), 352, 126(2), 115(2), 103(1) and 351(3) of Bhartiya Nyay Sanhita (BNS), 2023. He has no criminal antecedent.

3. As per the FIR, on 14.11.2024, all the named accused persons of the FIR came to the house of the petitioner and started abusing and subsequently when the mother of the informant protested for the same, it is alleged that the petitioner had pushed the mother of the informant on the ground resulting in her death.

4. Learned counsel for the petitioner submits that the

2/4 petitioner has been implicated in this case as there is a dispute between the parties for the last ten years and on account of such dispute the instant case was lodged with a concocted story. It is further submitted by learned counsel for the petitioner that the mother of the informant was an old lady of 90 years and she has died naturally and from the post-mortem report also it would be evident that no such ante mortem injury is there to have caused the death of the mother of the informant. It is lastly submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent and is in custody since 22.02.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and has submitted that it was on account of the petitioner who had pushed the mother of the informant upon which she has fallen and the petitioner has pressed the neck of the mother of the informant as such he should not be released on bail.

6. Considering the aforesaid submissions of respective counsel and taking into account the fact that the postmortem report does not corroborate the injury to have caused the death of the mother of the informant and the petitioner has clean antecedent and is in custody since 22.02.2025, the petitioner above named, is directed to be released on bail on fur-

3/4 nishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Bagaha, West Champaran in connection with Bhitaha P.S. Case No. 131 of 2024, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) 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

4/4 of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.

(Sourendra Pandey, J) Vikash/- U T