Anoj Kumar Arya @ Lav Yadav @ Lav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25381 of 2025 Arising Out of PS. Case No.-450 Year-2019 Thana- SUPAUL District- Supaul ====================================================== 1.
Anoj Kumar Arya @ Lav Yadav @ Lav S/o Late Laleshwar yadav Resident of Village- Gauravgarh, Ward No. 05, P.S. and District- Supaul 2.
Ajeet Kumar Arya @ Kush Kumar @ Kush@ Kush Kumar Yadav S/o Late Laleshwar Yadav Resident of Village- Gauravgarh, Ward No. 05, P.S. and District- Supaul 3.
Abhimanyu Kumar @ Abhimanyu Yadav S/o Late Laleshwar Yadav Resident of Village- Gauravgarh, Ward No. 05, P.S. and District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Patla Kumari, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2025 Heard Ms. Patla Kumari, learned counsel for the petitioners and Mr. Md. Aslam Ansari, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Supaul P.S. Case No. 450 of 2019, F.I.R. dated 15.07.2019 for the offences punishable under Sections 147, 148, 149, 188, 112, 353, 332, 333, 504 and 427 of Indian Penal Code.
3. According to prosecution case, on information, when the police reached the place of occurrence, they saw 70-80
2/4 persons have kept the dead body of one Mukesh Kumar Yadav and blocked the road and were shouting slogans against the government. When the police went to pacify the matter, the mob became aggressive and started stone pelting on the civilians and they also snatched cell phone of media persons.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. She further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioners have not committed any offences as alleged in the F.I.R. She further submits that although the petitioners are named in the F.I.R. but from perusal of the F.I.R. it appears that there is no specific allegation of assault or overt act rather there is general and omnibus allegation against the accused persons including these petitioners and the injury inflicted upon the injured persons is simple in nature.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances, petitioners have clean antecedent and there is no specific allegation against the petitioners and injury inflicted upon the injured persons is simple in nature, let the petitioners, above
3/4 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) each with two sureties of the like amount each to the satisfaction of the learned C.J.M, Supaul in connection with Supaul P.S. Case No. 450 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners 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 petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the
4/4 acceptance of bail bonds 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