Laxmi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41956 of 2025 Arising Out of PS. Case No.-24 Year-2025 Thana- NARPATGANJ District- Araria ====================================================== Laxmi Yadav S/o Late Biptu yadav Resident of village-Tamganj ward no. 1, Police Station- Narpatganj, District-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-07-2025 Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioner and learned APP for the State

2. The petitioner is apprehending his arrest in connection with Narpatganj P.S. Case No. 24 of 2025 for the offence under Sections 126(2), 115(2), 118(1), 109, 76, 303(2) and 3(5) of the BNS lodged on 17.01.2025, by the informant, Dukhani Devi.

3. As per the prosecution story, the informant alleged that upon order of this petitioner, Manjesh Yadav and Tara Devi caught hold of Vijay Yadav and gave spade blow on the head causing injury, when the informant tried to lift her son, Manjesh again assaulted her and outraged the modesty. This led to the F.I.R.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.41956 of 2025(2) dt.09-07-2025 2/3 there is case and counter case, both sides have lodged belated F.I.R., specific allegation is against Manjesh Yadav of assaulting the son of the informant as also outraging the modesty of the lady, only to implicate, the role of order giver has been given to this petitioner who is an aged person having no criminal antecedent.

5. Learned APP opposes the prayer and submits that his role has been assigned as an order giver.

6. Considering the submission of the parties as also the fact that main allegation is against Manjesh Yadav of assaulting the informant's son, this petitioner has been alleged to have given the order, is an aged person having no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

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 Chief Judicial Magistrate, Araria, in connection with Narpatganj P.S. Case No. 24 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:-

Patna High Court CR. MISC. No.41956 of 2025(2) dt.09-07-2025 3/3 (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 dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months 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 bail bonds. (Rajiv Roy, J) Ankit Kumar/- U T