Mahendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48582 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Mahendra Yadav S/O Late Shyam Yadav Resident of Village- Mohiddinpur, P.S.- Magadh University, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ujjawal Kumar Singh, Advocate For the State :
Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-08-2025 Heard Mr. Ujjwal Kumar Singh, learned counsel for the petitioner as well as Ms. Nirmala Kumari, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Magadh University P.S. Case No. 08 of 2025, F.I.R. dated 14.01.2025 for the offences punishable under Sections 126(2), 352, 351(2), 115(2), 109(i), 303(2), 3(5) of the BNS, 2023.
3. According to prosecution case, the petitioner along with other co-accused persons having variously armed, came to the informant and assaulted the informant. On hulla, informant's wife reached there, accused persons also assaulted her and snatched her golden ornament (jitiya).
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.48582 of 2025(2) dt.11-08-2025 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that due to some petty dispute, the present occurrence has taken place. He further submits that although there is allegation against the petitioner that he has assaulted the informant by means of iron rod and informant has received injury but injury report of the informant suggests that injury is found to be simple in nature caused by hard and blunt substance.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, the petitioner has clean antecedent and injury inflicted upon injured person is found to be simple in nature, let the petitioner, above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIII, Gaya in connection with Magadh University P.S. Case No. 08 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2)
Patna High Court CR. MISC. No.48582 of 2025(2) dt.11-08-2025 3/3 of the BNSS, 2023 and with other following conditions:- i. Petitioner 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner 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 petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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