Golden Kumar @ Golden Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27603 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- TEYAR District- Bhojpur ====================================================== Golden Kumar @ Golden Yadav S/o- Vinay Yadav @ Binay Kumar Singh Resident of Village- Andharibag PS- Tiyar District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parmatma Singh, Advocate For the State :
Mr. Umanath Mishra, APP For the Informant :
Mr. Vaibhav Narayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-05-2025 Heard Mr. Parmatma Singh, learned counsel for the petitioner and learned APP for the State as also Mr. Vaibhav Narayan, learned counsel representing the informant.
2. The petitioner is apprehending his arrest in connection with Tiyar P.S. Case No. 09 of 2025 for the offence under Sections 191(2), 191(3), 115, 126(2), 109, 308(5), 352 and 351(2) lodged on 29.01.2025 by the informant, Nagendra Yadav.
3. As per the prosecution story, the informant alleged that he is working for the Primary Agriculture Cooperative Society, Hetampur, Bhojpur. On 28.01.2025, the accused persons including this petitioner came and demanded
2/4 Rs.50,000/- as extortion money. Upon refusal, they abuse/threaten and later got a call from the home, when he reached home, found this petitioner alongwith some other present there, again abuse/threatening took place and later Rajkumar Yadav after opening two rounds of fire, left the place. Allegation against Prince Kumar is of also opening fire on Aashish Kumar Choubey. This led to the F.I.R.
4. Learned counsel for the petitioner submits that a bare perusal of the F.I.R. would show that due to political rivalry, an exaggerated F.I.R. has been lodged in which each and every innocent person has been implicated. Though this petitioner has criminal antecedent, actually he is a student, preparing for competitive examination but only to spoil his career, this case.
5. Mr. Vaibhav Narayan representing the informant on the other hand opposes the prayer for bail submitting that they demanded extortion of Rs.50,000/- and upon refusal twice opened fire.
6. Considering the submissions put forward by the parties as also that the allegation is mainly of firing is on Rajkumar Yadav and Prince Kumar, omnibus allegation against this petitioner, F.I.R. has been lodged, he shall be facing the
3/4 trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
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 Additional Chief Judicial Magistrate-9th, Bhojpur at Ara, in connection with Tiyar P.S. Case No. 09 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official 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/her 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,
4/4 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 bail bonds. (Rajiv Roy, J) vinayak/- U T