Guddu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33535 of 2025 Arising Out of PS. Case No.-155 Year-2024 Thana- SAHPUR District- Bhojpur ====================================================== Guddu Yadav Son of Shiv Bachan Yadav Resident of village- Kante P.S -Brahmpur @ Bhrahampur, Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pratik Mishra, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-06-2025 Heard Mr. Pratik Mishra, learned counsel for the petitioner and Mr. Madhura Nand Jha, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 18.02.2025 in connection with Shahpur P.S. Case No. 155 of 2024, F.I.R. dated 17.04.2024 for the offences punishable under Sections 341, 323, 307, 504, 506 read with Section 34 of the Indian Penal Code.
3. According to prosecution case, the informant alleged that when they went to look their agricultural land, they saw 20 cattle grazing on their wheat field, when they chased the cattle, got assaulted by the accused persons. The informant's brother as also his uncle were assaulted by lathi and iron rod causing injuries. This led to the FIR.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.33535 of 2025(3) dt.27-06-2025 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. It appears from the FIR that due to admitted land dispute the present occurrence has taken place and there is case and counter case between the parties. Although there is specific allegation against the petitioner that he assaulted the brother of the informant, namely, Sanjay Kumar and he has received injury but there is no intention to kill any family member of the informant and both the sides have received the injury upon the occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 18.02.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, the petitioner has clean antecedent, there is case and counter case and both sides have received the injury, let the petitioner, above named, 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 A.C.J.M. 1, Bhojpur at Ara in connection with Shahpur P.S. Case No. 155 of 2024, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.33535 of 2025(3) dt.27-06-2025 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner 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 petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the 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) Raj Ranjan/- U T