Shyam Sunder Prasad Yadav @ Akash Kumar @ Sarpanch v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44819 of 2025 Arising Out of PS. Case No.-170 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Shyam Sunder Prasad Yadav @ Akash Kumar @ Sarpanch S/O Birbahadur Rai @ Virbahadur Rai R/O Village- Laxmipur Kachahari Tola, P.S- Lakhaura, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-07-2025 Heard Mr. Subodh Kumar Barnwal, learned counsel for the Petitioner and Mr. Syed Ehteshamuddin, learned APP for the State.

2. Petitioner seeks regular bail in connection with Lakhaura P.S. Case No. 170 of 2024 dated 01.11.2024 registered for the offences punishable under Sections 64, 62, 76, 352, 351(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 ( in short 'BNS') and Section 66 (C) of the I.T. Act.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to attempt of rape as alleged by the informant in the FIR though the petitioner is named in the FIR but in fact, he is a social worker and in the present case, the petitioner has been implicated solely because

Patna High Court CR. MISC. No.44819 of 2025(2) dt.28-07-2025 2/3 he attempted to resolve the matter amicably through village panchayati and during the course of investigation, the informant's own mother and her brother-in-law, Sunil Yadav, who claimed to have reached at the place of occurrence upon hearing the cry of the informant and also claimed to have seen the culprits but they did not reveal the name of this petitioner as being involved with the co-accused persons in attempting to outrage the modesty of the informant. It is further submitted that the petitioner has fair and clean antecedent and has never remained involved in similar type of offence and has been languishing in jail since 23.03.2025. It is lastly submitted that in the present time, a good relation has been established in between both the parties and they have filed a compromise petition before the trial court vide Annexure-2.

4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

5. Considering the aforesaid submissions and mainly petitioner's fair and clean antecedent and his custody period and also his aforesaid defence, I am inclined to release him on bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.44819 of 2025(2) dt.28-07-2025 3/3 satisfaction of the concerned Court in connection with Lakhaura P.S. Case No. 170 of 2024.

(Shailendra Singh, J) maynaz/- U T