Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51018 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- GOPALPUR District- West Champaran ====================================================== 1.

Kamlesh Yadav S/o Bijali Yadav Resident of village Dukhhichhapar Sargatia PS Gopalpur District west champaran 2.

Vinay Yadav S/o Bijali Yadav Resident of village Dukhhichhapar Sargatia PS Gopalpur District west champaran 3.

Bijali Yadav S/o Late Shivnandan Raut Resident of village Dukhhichhapar Sargatia PS Gopalpur District west champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajeet Kumar Bhawdwaj For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-02-2025 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 504, 506 and 34 of the Indian Penal Code. 3.

Learned counsel for the petitioners submits petitioners are persons with clean antecedent. It is next submitted that Rakesh Das and Krishna Yadav had approached this Court seeking anticipatory bail by filing Cr. Misc No. 50301 of 2024 and the same was allowed by an order dated 26-10-2024. It is further submitted that allegation

Patna High Court CR. MISC. No.51018 of 2024(3) dt.11-02-2025 2/3 against Krishna and Rakesh was of assaulting the husband of the informant. It is further submitted that as far as these petitioners are concerned, there is no specific allegation against them of assaulting rather the allegations against them are general and omnibus in nature. The learned counsel appearing on behalf of the petitioners also submits that petitioners will not abscond rather will co-operate in the investigation to prove their innocence.

4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5.

Considering the submissions made by the learned counsel for the petitioners and taking into consideration the order dated 26-10-2024 in Cr. Misc No. 50301 of 2024, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Gopalpur P.S. Case No. 28 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.51018 of 2024(3) dt.11-02-2025 3/3 6.

However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioners despite giving assurance to this Court are not co-operating in the investigation or are not presenting themselves as and when required in that event the learned Trial Court shall be at liberty to forthwith cancel the bail bonds of the petitioners after recording reasons.

7.

Let a copy of this order be sent to the concerned P.S. through the learned Trial Court.

(Satyavrat Verma, J) SUMIT/- U T