Gopal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45319 of 2025 Arising Out of PS. Case No.-161 Year-2025 Thana- NARDIGANJ District- Nawada ====================================================== 1.

Gopal Yadav Son of Basdeo Yadav @ Kobhi Yadav Resident Of Keshoriya Ps -Nardiganj District -Nawada 2.

Murli Manohar @ Nandan Yadav son of Gopal yadav Resident Of Keshoriya Ps -Nardiganj District -Nawada 3.

Chandan Yadav @ Niranjan Kumar son of Gopal Yadav Resident Of Keshoriya Ps -Nardiganj District -Nawada 4.

Eklavya Yadav @ Eklavya Kumar Son of Gopal Yadav Resident Of Keshoriya, Ps -Nardiganj District -Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the State :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 16-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail, apprehending their arrest, in connection with Nardiganj P.S. Case No. 161 of 2025, dated 25.04.2025, registered for the offences punishable under Sections 126(2), 127(2), 118(1), 117(2), 109, 352, 351(2) and 3(5) of the B.N.S.

3. As per allegation, the accused persons, who are petitioners herein, entered into the house of the informant and assaulted them by butt of pistol, causing injury on the teeth as

Patna High Court CR. MISC. No.45319 of 2025(2) dt.16-07-2025 2/3 well as lip.

4. Ld. counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that even as per the alleged facts and circumstances, this is not a case of attempt to murder. At most, it may be a case of simple hurt.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner No. 4 has no criminal antecedent, petitioners No. 1 and 3 have 3 criminal antecedents and petitioner No.2 has two criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioners for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners, above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.45319 of 2025(2) dt.16-07-2025 3/3 of learned concerned Court below, in connection with Nardiganj P.S. Case No. 161 of 2025, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, other than disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) ravishankar/- U T