Badebabu Yadav @ Bara Babu Yadav @ Bade Babu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40150 of 2026 Arising Out of PS. Case No.-841 Year-2025 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Badebabu Yadav @ Bara Babu Yadav @ Bade Babu Yadav S/O Dhura Yadav R/O Gram-Tribirwa, PS- Gopalganj, District- Gopalganj, Bihar, Pin Code841428 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amaresh Kumar Sinha, Advocate Mr. Ravi Prakash Dwivedi, Advocate Mr. Dhiraj Yadav, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-06-2026 Heard Mr. Amaresh Kumar Sinha, learned counsel for the petitioner and Mr. Syed Mojibur Rahman, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 17.11.2025 in connection with Gopalganj P.S. Case No. 841 of 2025, F.I.R. dated 16.11.2025 for the offences punishable under Sections 126(2), 115(2), 118(1), 103(1), 352 and 3(5) of the BNS, 2023.

3. According to prosecution case, all the accused persons including this petitioner armed with weapons have caught hold the father of the informant and co-accused Dhura Yadav assaulted him due to which he received injury resulting

Patna High Court CR. MISC. No.40150 of 2026(2) dt.30-06-2026 2/3 into his death.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. Although the petitioner is named in the FIR but the specific allegation of assault is against the coaccused, namely, Dhura Yadav. As per the allegation, this petitioner along with other accused persons have caught hold the father of the informant (deceased) and there is no specific allegation against this petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 17.11.2025.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner has actively participated in the present crime in question and he along with other accused persons have caught hold the deceased.

6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent, there is no specific allegation of assault against the petitioner as well as period of custody, 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

Patna High Court CR. MISC. No.40150 of 2026(2) dt.30-06-2026 3/3 Chief Judicial Magistrate, Gopalganj in connection with Gopalganj P.S. Case No. 841 of 2025, subject to the 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 shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T