Balkeshwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47977 of 2025 Arising Out of PS. Case No.-186 Year-2025 Thana- KONCH District- Gaya ====================================================== 1.
Balkeshwar Yadav S/O Late Raghu Nandan Yadav Resident of VillageKonch, P.S- Konch, Distt.- Gaya, Bihar, Pin Code- 824207. 2.
Dharmendra Kumar Yadav S/O Balkeshwar Yadav Yadav Resident of Village- Konch, P.S- Konch, Distt.- Gaya, Bihar, Pin Code- 824207. 3.
Manjhila @ Amarendra Kumar S/O Balkeshwar Yadav Yadav Resident of Village- Konch, P.S- Konch, Distt.- Gaya, Bihar, Pin Code- 824207. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Braj Kishore Prasad, Advocate For the State :
Mr. Mukesh Kumar Singh, APP For the Informant :
Mr. Ramakant Singh, Advocate Mr. Bhaskar Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-07-2025 Heard Mr. Braj Kishore Prasad, learned counsel for the petitioners, Mr. Ramakant Singh, learned counsel for the informant and Mr. Mukesh Kumar Singh, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Konch P.S. Case No. 186 of 2025, F.I.R. dated 16.03.2025 for the offences punishable under Sections191(2), 190, 115(2), 126(2), 109 and 352 of the BNS.
3. According to prosecution case, the petitioners along with other co-accused persons are said to have assaulted the informant and others due to which they sustained injuries.
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4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that although, the petitioners are named in the FIR and there is specific allegation on some of the petitioners that they have assaulted the injured persons and although, they have received injuries but injury report of the injured persons suggests that injuries are found to be simple in nature caused by hard and blunt substance. He further submits that there is case and counter case between the parties and some of the co-accused persons, namely, Birendra Yadav, Sunaina Devi, Munni Devi and Ranju Kumar have been granted privilege of anticipatory bail by a co-ordinate Bench of this Hon'ble Court vide order dated 16.07.2025 passed in Cr. Misc. No. 43562 of 2025.
5. The learned Additional Public Prosecutor for the State and learned counsel for the informant have vehemently opposed the prayer for bail of the petitioners and submits that the petitioners are named in the F.I.R.
6. Considering the aforesaid facts and circumstances, petitioners have clean antecedent, injury inflicted by injured persons are found to be simple in nature and co-accused persons have been granted privilege of anticipatory bail by a co-ordinate
3/4 Bench of this Court, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIII, Gaya in connection with Konch P.S. Case No. 186 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the BNSS, 2023 and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for
4/4 cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) priyanka/- U T