Anand Yadav @ Anand Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23114 of 2025 Arising Out of PS. Case No.-91 Year-2021 Thana- GHOGHARDIHA District- Madhubani ====================================================== Anand Yadav @ Anand Kumar Yadav S/O Late Fuldev Yadav R/OKisnipatti, P.S- Ghoghardiha, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-05-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Ghoghardiha P.S. Case No. 91 of 2021 for the offence under sections 341, 323, 354, 379, 504 and 506/34 of the I.P.C. lodged on 05.07.2021 by the informant, Usha Devi.

3. As per the prosecution story, the informant alleged that the accused persons came to her door and after abuse, on the shout of Pawan Yadav, Ram Kumar Yadav assaulted which followed the assault by Pramod Kumar Yadav and the allegation against this petitioner is of snatching the gold chain. Later, the villagers took her to Primary Health Center, Goghardiha. This led to the FIR.

4. Learned counsel for the petitioner submits that there is case and counter-case, both sides have made allegations

Patna High Court CR. MISC. No.23114 of 2025(2) dt.01-05-2025 2/3 and assault theory is also there. So far as this petitioner is concerned, the only allegation is that he snatched the gold chain, no allegation of assault is on him rather it is on Pramod Yadav and he do not have any criminal antecedent.

5. Learned APP opposes the prayer submitting that he was also part of the alleged assault and allegation of snatching of gold chain is there.

6. Taking into account the submissions of the parties as also that the assault theory, mainly, has been assigned to Pramod Yadav and he do not have criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

7. Let the petitioner 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) with two sureties of like amount each to the satisfaction of learned J.M. 1st Class, Jhanjharpur, Madhubani in connection with Ghoghardiha P.S. Case No. 91 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official

Patna High Court CR. MISC. No.23114 of 2025(2) dt.01-05-2025 3/3 document to show his/her bona fide;

(ii) the petitioner 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 bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner 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 petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T