Radha Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24490 of 2025 Arising Out of PS. Case No.-394 Year-2024 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Radha Yadav S/o Late Bhoju Yadav R/o Vill.- Khad Diyara, P.O.- Vishnupur Ahok, P.S.- Sahebpur Kamal, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Binode Bariar, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 06-05-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehend his arrest in connection with Sahebpur Kamal P.S. Case No. 394 of 2024, registered under Sections 126(2), 115(2), 118(2), 109(1), 351(1), 351(2), 352, 303(2), 3(5) of the Bhartiya Nyaya Sanhita and Section 27 of Arms Act.

3. The case of the prosecution in a nutshell is that informant, namely, Nisha Devi, alleged that on 29.11.2024 around 11.30 A.M. her husband, Sikandar Yadav confronted Radha Yadav (petitioner) for dumping soil on their land. It is further alleged that when her husband asked to remove soil from his field, in the meantime, all the FIR named accused persons

Patna High Court CR. MISC. No.24490 of 2025(2) dt.06-05-2025 2/3 started abusing and assaulted the informant's husband.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that he has clean antecedent and from bare perusal of the allegation leveled in the F.I.R., it is apparent that there is no specific allegation against him and in fact the allegation of firing on the informant's husband is on Manoj Yadav. There is general and omnibus allegation against the petitioner and therefore, the petitioner deserves to be granted anticipatory bail.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for anticipatory bail.

6. Considering the fact that the petitioner is not accused of firing at the informant's husband and there is general allegation against the petitioner and also given the fact that he has clean antecedent, this Court is inclined to grant privilege of anticipatory bail to the petitioner.

7. Let the petitioner, named above, in the event of his arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five thousand) with two sureties of the like each amount each to the satisfaction of learned Sub Judge-IV-

Patna High Court CR. MISC. No.24490 of 2025(2) dt.06-05-2025 3/3 cum-ACJM-IV, Begusarai, in connection with Sahebpur Kamal P.S. Case No. 394 of 2024, subject to the condition laid down under Section 482 of the Bhartiya Nyaya Sanhita. (Alok Kumar Sinha, J) sanjeev/- U T