Rajiv Yadv @ Rajeev Kumar Yadav @ Rajeev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30536 of 2026 Arising Out of PS. Case No.-451 Year-2025 Thana- BIRAUL District- Darbhanga ====================================================== Rajiv Yadv @ Rajeev Kumar Yadav @ Rajeev Yadav S/o- Anand Kishor Yadav Resident of Village- Barahi PS-Biraul District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar Yadav, Adv.
For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-06-2026 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Biraul P.S. Case No. 451 of 2025, F.I.R dated 02.11.2025 registered for the offences punishable under Sections 329(4), 126(2), 115(2), 109, 117(1), 352, 351(2), 191(2), 76, 303(2) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, the informant alleged that while she was working behind her house along with her nephew, the accused persons along with 4-5 unknown persons arrived armed with lathi, danda and iron rods, abused them and assaulted them. The informant sustained heard injuries due to iron rod assaulte and her
2/4 nephew also received serious injuries and was referred from DMCH, Darbhanga to PMCH, Patna for treatment. It is further alleged that gold jewellery was snatched and the occurrence was witnessed by local people and supported by video footage.
4. Learned counsel for the petitioner submits that after registering an FIR by one Suresh Yadav from petitioner's side bearing Biraul PS case no 438 of 2025 dated 30.10.2025, the instant FIR is said to have been filed by the informant. It has next been submitted that both the sides have sustained injuries and the specific allegation of assault, which is said to have caused injury to Param Sheela Devi, have been found to be simple in nature and this fact has not been refuted by learned APP. Lastly, it has been submitted that the petitioner has no criminal antecedent.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Considering the aforesaid facts and circumstances and taking into account that the injury caused upon the informant is simple in nature and the petitioner has got clean antecedent. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
3/4 his/her 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) with two sureties of the like amount each to the satisfaction of the learned ACJM-1st class, Biraul, Darbhanga in connection with Biraul P.S. Case No.451 of 2025, 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) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) 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/their bail bond by the Trial Court itself; (iii) the petitioner(s) 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;
(iv) the petitioner(s) shall desist from committing
4/4 any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) rajan/- U T