Govind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48485 of 2025 Arising Out of PS. Case No.-214 Year-2024 Thana- HALSI District- Lakhisarai ====================================================== Govind Yadav S/o Saurvi Yadav R/o Village- Bamuara, P.S.- Halsi, Distt.- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewanand Tiwari, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-08-2025 Heard Mr. Dewanand Tiwari, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioner is allowed to make necessary corrections in paragraph-13 of the bail petitioner during course of the day.

3. The petitioner is apprehending his arrest in connection with Halsi P.S. Case No. 214 of 2024, F.I.R. dated 26.07.2024 for the offences punishable under Sections 127(1), 115(2), 303(2), 329(4), 109, 3(5) of the Bhartiya Nyay Sanhita, 2023.

4. As per the First Information Report, the informant alleged that the petitioner along with other co-accused persons

2/4 entered his house and assaulted him by means of khanti, bhala. When his elder son came to rescue him, the accused persons assaulted his elder son also. It is further alleged that the accused persons took out Rs.40,000/- from house.

5. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. Although the petitioner is named in the FIR and there is specific allegation against the petitioner that he assaulted to the informant and informant has received injury but the injury report of the informant suggest that injury inflicted upon him is simple in nature caused by hard and blunt substance and similarly situated co-accused persons, namely, Ajay Yadav @ Ajay Kumar, Tulsi Yadav, Yogi Yadav @ Yogendra Yadav and Vijay Yadav @ Vijay Kumar Yadav have been granted the privilege of anticipatory bail by co-ordinate Bench of this Court vide order dated 08.01.2025 in Cr. Misc. No.88047 of 2024.

6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

7. Considering the aforesaid facts and circumstances, the petitioner has clean antecedent and injury inflicted upon the injured person is simple in nature and similarly situated co-

3/4 accused persons have been granted the privilege of anticipatory bail by co-ordinate Bench of this Court, let the petitioner, above named, in the event of 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 C.J.M., Lakhisarai in connection with Halsi P.S. Case No. 214 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita 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

4/4 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T