Patna High CourtCR. MISC./38903/2025bail granted

Janki Yadav v. The State Of Bihar

2025-06-25Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38903 of 2025 Arising Out of PS. Case No.-125 Year-2024 Thana- CHANAN District- Lakhisarai ====================================================== Janki Yadav, Son of Lochan Yadav, Resident of Village - Mananpur Basti, P.S.- Chanan, District - Lakhisarai.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rabi Bhushan, Advocate For the State :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Chanan PS. Case No-125 of 2024, dated-02.11.2024, registered for the offences punishable under Sections 126(2), 115(2), 191(2), 352, 351(2), 118(1), 117(2), 303(2) of the Bharatiya Nyay Sanhita, 2023.

3. As per allegation, there was altercation between the informant and the petitioner's side leading to injury on both sides and lodging of case and counter case. The counter case lodged by the petitioner bearing Chanan P.S. Case No. 124 of 2024 dated. 01.11.2024 for the offence punishable under Sections 126(2), 115(2), 191(2), 191(3) 352, 351(2), 118(1),

Patna High Court CR. MISC. No.38903 of 2025(2) dt.25-06-2025 2/3 109, 303(2) of the Bharatiya Nyay Sanhita, 2023.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that there was altercation between the informant and the petitioner's side leading to injury on both sides and lodging of case and counter case. The counter case lodged by the petitioner bearing Chanan P.S. Case No. 124 of 2024.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in one other case.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the case, counter case and injury of simple nature on both sides, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.

Patna High Court CR. MISC. No.38903 of 2025(2) dt.25-06-2025 3/3 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Chanan PS. Case No-125 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T