Bhola Yadav @ Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30850 of 2025 Arising Out of PS. Case No.-364 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Bhola Yadav @ Kundan Kumar S/o Satyendra Yadav @ Satyendra Singh R/o Village- Gopi Bigha (Narari Kala), P.S.- Narari Kaala Khurd, DistrictAurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Singh, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2025 Heard Mr. Ashok Singh, learned counsel for the petitioner and Mr. Chandra Bhushan Prasad, learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Barun P.S. Case No. 364 of 2024 for the offence under section 303(2) of the B.N.S., 2023, lodged on 16.08.2024 by the informant, Prince Kumar.
3. As per the prosecution story, the informant alleged that he has parked his motorcycle outside the house and in the morning it went missing. Subsequently, Akshay Kumar was apprehended, motorcycle recovered and he gave the name of the petitioner as one of the accomplice. This led to the FIR.
4. Learned counsel for the petitioner submits that he
Patna High Court CR. MISC. No.30850 of 2025(2) dt.19-05-2025 2/3 had no role to play in the matter actually he purchased the same from one Bhura Yadav, who is close of Akshay Kumar and only because of criminal antecedent got implicated.
5. Learned APP opposes the prayer for anticipatory bail.
6. Taking into account the submissions of the parties as also that the recovery/seizure is from Akshay Kumar, name of the petitioner has come in the confessional statement, 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 C.J.M., Aurangabad, in connection with Barun P.S. Case No.364 of 2024 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 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
Patna High Court CR. MISC. No.30850 of 2025(2) dt.19-05-2025 3/3 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 one year 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) anand/- U T