Gauri Shankar Yadav @ Gori Shankar Yadav @ Giri Shankar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47726 of 2025 Arising Out of PS. Case No.-86 Year-2024 Thana- KHAJAULI District- Madhubani ====================================================== Gauri Shankar Yadav @ Gori Shankar Yadav @ Giri Shankar S/O Laxman Yadav R/O Village- Markiya, Marukiya, P.S.- Khajauli, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Advocate For the Opposite Party/s :
Mr. Madan Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-09-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 429, 436 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that on 09.05.2024 at about 01:00 a.m. while he was sleeping in his house when he suddenly woke up and saw smoke in the house, accordingly, came at the door and saw the accused persons including the petitioner putting the cattle house on fire. Thereafter, the informant raised an alarm and tried to extinguish the fire with the help of others but due to high flame, the fire could not be extinguished immediately. Further, one buffalo, fodder and twenty quintals of wheat were burnt and one ox died
Patna High Court CR. MISC. No.47726 of 2025(3) dt.16-09-2025 2/3 and a calf was burnt about 60%.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant along with others. It is further submitted that though there is allegation that petitioner along with others put the cattle house of the informant on fire but then the allegation is not specific. It is next submitted that since there is dispute in between the petitioner and the informant from before, as such, he has been implicated in the instant case.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that what is not in dispute rather stands admitted from the allegation is that cattle house of the informant was burnt and one ox died and a calf received 60% burn injury and several articles were destroyed in the fire. It is further submitted that investigation is in its nascent stages and if the privilege of anticipatory bail is granted to the petitioner, the petitioner may abscond.
6. Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Khajauli P.S. Case No. 86 of 2024 pending in the Court of learned Judicial Magistrate, 1st Class, Madhubani/Successor Court.
Patna High Court CR. MISC. No.47726 of 2025(3) dt.16-09-2025 3/3
7. Hence, the prayer for anticipatory bail is rejected. (Satyavrat Verma, J) Kundan/- U T