Birendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52466 of 2025 Arising Out of PS. Case No.-92 Year-2025 Thana- NEMDARGANJ District- Nawada ====================================================== 1.
Birendra Yadav son of Basudeo Yadav Resident Of Village- Teyar Taurani Ps -Nemdarganj District- Nawada2.
Krishna Mohan Yadav son of Basudeo Yadav Resident Of Village- Teyar Taurani Ps -Nemdarganj District- Nawada3.
Ghanshyam Kumar @ Ghanshyam Yadav Son of Birendra Yadav Resident Of Village- Teyar Taurani Ps -Nemdarganj District- Nawada- ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Adv For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 12-08-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable u/s 126(2), 115(2), 109, 303(2), 351, 352(2) and 3(5) of the B.N.S.
3. As per the prosecution case, the petitioners and the other co-accused persons are alleged to have assaulted the informant by means of Khanti. It is further alleged that all the accused persons also assaulted the father of the informant, namely, Lakhan Yadav on his head due to which he sustained severe injury and the accused persons also took away the gold
Patna High Court CR. MISC. No.52466 of 2025(2) dt.12-08-2025 2/3 chain of the informant's wife.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. It is further submitted that there is a case and counter case between the parties for the same occurrence and the allegations levelled against the petitioners are general and omnibus in nature. It is also submitted that the injury which was sustained by the prosecution side were found to be simple in nature. It is lastly submitted that the petitioners have clean antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case and also considering the fact that the petitioners have clean antecedent, let the above named petitioners, in the event of their arrest/surrender within a period of four weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada, in connection with Nemdarganj P.S. Case No. 92 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.), with
Patna High Court CR. MISC. No.52466 of 2025(2) dt.12-08-2025 3/3 further condition/s:- (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will be liable to be canceled by the Court concerned.
(iv) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bonds of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.
7. This application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T