Okil Yadav @ Dhaneshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35641 of 2025 Arising Out of PS. Case No.-132 Year-2024 Thana- SAKURABAD District- Jehanabad ====================================================== Okil Yadav @ Dhaneshwar Yadav son of Laldeo Singh @ Laldeo Yadav village- Chiksaura, Ps- Shakurabad, dist- Jehanabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Ms. Renuka Ratnakar, APP-125 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-06-2025 Heard Mr. Manoj Kumar, learned counsel for the petitioner and Ms. Renuka Ratnakar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Shakurabad P.S. Case No. 132 of 2024, F.I.R. dated 24.06.2024 for the offences punishable under Sections 147, 148, 149, 354, 302, 379 and 120B of the Indian Penal Code.

3. According to prosecution case, the petitioner along with other co-accused persons has assaulted the informant and her family members for grabbing the share of the informant, as a result of which the husband of the informant died during the course of treatment.

4. Learned counsel for the petitioner submits that

2/4 petitioner is innocent and he has falsely been implicated in the present case. He further submits that from perusal of the F.I.R it appears that due to admitted land dispute between the parties, the present occurrence has been taken place and although the petitioner is named in the F.I.R. but it appears from the F.I.R. that there is no specific allegation of any assault or overt act against this petitioner rather there is general and omnibus allegation against all the accused persons including this petitioner and the petitioner is own brother of the deceased and the informant is the sister-in-law of the petitioner.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the F.I.R and apart from that the petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in the pending matter.

6. Considering the aforesaid facts that there is no specific allegation of any assault or over act against this petitioner rather there is general and omnibus allegation against all the accused persons including this petitioner, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the

3/4 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 Chief Judicial Magistrate, Jehanabad in connection with Shakurabad P.S. Case No. 132 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 and with other following conditions:- i. Petitioner 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 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

4/4 shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Jyoti Kumari/- U T