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Patna High CourtCR. MISC./49274/2025dismissed

Prem Chand Yadav @ Bholu @ Bholu Yadav v. The State Of Bihar

2025-08-05Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49274 of 2025 Arising Out of PS. Case No.-59 Year-2018 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Prem Chand Yadav @ Bholu @ Bholu Yadav S/o Late Rajgir Yadav R/o Mohalla- Bela Dullah, P.S.- L.N.M.U, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidyanath Prasad, Advocate For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with L.N.M.U. P.S. Case No. 59 of 2018 instituted for the offence under Sections 147, 148, 149, 188, 336, 352, 353, 431, 504 and 506 of the Indian Penal Code.

3. The case of the prosecution is that one Pappu Yadav has died in road accident and the villagers have blocked the road for compensation. The allegation against this petitioner is that he along with others were instigating the persons for payment of compensation.

4. Learned counsel for the petitioner has submitted that there is no allegation of assault against this petitioner. It has

Patna High Court CR. MISC. No.49274 of 2025(2) dt.05-08-2025 2/2 also been submitted that similarly situated co-accused Shivnandan Yadav has been granted by the learned Co-ordinate Bench vide Cr. Misc. Case No. 39211 of 2020. The petitioner is a man of clean antecedent.

5. Learned APP for the State has vehemently opposed the bail application and has submitted that from perusal of the trial court's order it will transpire that the process of Section 82 of the Cr.P.C. has been initiated against the petitioner.

6. Considering above facts and circumstances of the case, the case of this petitioner does not stand on similar footing to that of Shivnandan Yadav in Cr. Misc. Case No. 39211 of 2020.

7. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, I am not inclined to grant anticipatory bail to the petitioner at this stage. The petitioner is directed to surrender in the trial court within four weeks. The learned trial court is directed to consider the bail of the petitioner preferably on same day. (Ashok Kumar Pandey, J) durgesh/- U T