Govardhan Yadav @ Govadhan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44228 of 2026 Arising Out of PS. Case No.-27 Year-2026 Thana- MOHANPUR District- Jamui ====================================================== 1.
Govardhan Yadav @ Govadhan Yadav S/O Late Chhakkan Yadav R/o Vill.- Kadwakura, P.S.- Mohanpur, District- Jamui 2.
Darogi Yadav S/o Govardhan Yadav @ Govadhan Yadav R/o Vill.- Kadwakura, P.S.- Mohanpur, District- Jamui 3.
Wakil Yadav @ Vakil Yadav S/o Govardhan Yadav @ Govadhan Yadav R/o Vill.- Kadwakura, P.S.- Mohanpur, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amar Prakash, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 08-07-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners apprehends their arrest in connection with Mohanpur P.S. Case No. 27 of 2026 registered for the offences under Sections 126(2), 115(2), 329(4), 109(1), 303(2), 3(5) of Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has alleged that the named accused persons, including the petitioners, entered the house of the informant and at the point of a pistol, they first took control over the husband of the informant and thereafter, they took away cash of Rs.100,000/-
2/4 along with gold ornaments.
4. Learned counsel for the petitioner submits that the present case is based on a false and concocted story which has been cooked up only to save himself from the FIR lodged on behalf of the petitioner being Mohanpur P.S. Case No.26 of 2026, lodged prior to the present FIR. It has further been submitted that it was the informant and others against whom said FIR was lodged and only to counter from the said case, the present concocted case has been lodged alleging loot, however, no incriminating article has been recovered from the house of the petitioners. It has next been submitted that it is on account of the fact that a dispute erupted with regard to passage that the incident had taken place and because of the same, the petitioners and others have falsely been implicated in this case. It has lastly been submitted that the petitioners carry clean antecedent.
5. Learned APP for the State has opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail
3/4 bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Mohanpur P.S. Case No. 27 of 2026, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioners shall be their close relative.
(ii) The petitioners shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned.
(iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of their bail bond. (v) The learned Court below shall verify the criminal antecedents of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for anticipatory bail is allowed.
4/4
8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) manoj/- U T