Badal Yadav @ Badal Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42428 of 2025 Arising Out of PS. Case No.-173 Year-2024 Thana- YADOPUR District- Gopalganj ====================================================== Badal Yadav @ Badal Kumar Yadav S/o Hari Shankar Yadav R/o VillageNawada, Gumhariya, P.S.-Jadavpur, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Javed Aslam, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-07-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Jadopur P.S. Case No.173 of 2024, lodged on 27.10.2024, under Sections 191(1)/191(2) /191(3) /126(2) / 115/118(2)/121(1)/121(2)/132/352/351(1)/109/324(4)/326(f) of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution, the police got information that local villagers have blocked the main road and have kept one dead body due to which passerby were having inconvenience. Upon such information, the police party reached
Patna High Court CR. MISC. No.42428 of 2025(2) dt.09-07-2025 2/3 near the place of occurrence and saw that the petitioner along with 82 named accused persons and 150 to 200 unknown persons have blocked the road and the dead body of one unknown person was lying on the road. They started raising slogans against the police party and abused them. They also started pelting stones on the police party due to which one home guard constable sustained injury.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that though petitioner is named in the FIR but there is no specific allegation against him and general and omnibus allegation is there against the name accused persons along with 150-200 unknown accused persons. Counsel submits that antecedent of the petitioner is clean. Counsel submits that similarly situated co-accused persons have been granted bail by a coordinate Bench of this Court vide order dated 23.04.2025 passed in Cr. Misc. No.21111 of 2025.
5. Learned APP for the State opposes the prayer for bail of the petitioner and fairly submits that antecedent of the petitioner is clean.
6. In the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail,
Patna High Court CR. MISC. No.42428 of 2025(2) dt.09-07-2025 3/3 in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of A.C.J.M., 1st Gopalganj, in connection with Jadopur P.S. Case No. 173 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J) Mkr./- U T