Ravi Kumar Yadav @ Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51886 of 2025 Arising Out of PS. Case No.-119 Year-2025 Thana- BACHHWARA District- Begusarai ====================================================== 1.
Ravi Kumar Yadav @ Ravi Kumar S/O Devendra Yadav R/O Vill.- Narepur West (Narepur Paschim), Ward no.- 5, P.S.- Bachhwara, Dist.- Begusarai 2.
Raushan Kumar S/O Devendra Yadav R/O Vill.- Narepur West (Narepur Paschim), Ward no.- 5, P.S.- Bachhwara, Dist.- Begusarai 3.
Devendra Yadav S/O Late Dashrath Yadav @ Dashrath Yadav R/O Vill.- Narepur West (Narepur Paschim), Ward no.- 5, P.S.- Bachhwara, Dist.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-08-2025 Heard Mr. Sandip Kumar Gautam, learned counsel for the petitioners and Mr. Yogendra Kumar, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Bachhwara P.S. Case No. 119 of 2025, F.I.R. dated 04.04.2025 for the offences punishable under Sections 126(2), 115(2), 109, 74, 352, 351(2), 3(5) of Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant alleged that on 03.04.2025 the petitioners along with other accused persons arrived at his door and started assaulting his father and brother. When the informant and his mother intervened, then the
Patna High Court CR. MISC. No.51886 of 2025(2) dt.21-08-2025 2/3 accused persons assaulted them also.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. Although the petitioners are named in the FIR but from bare perusal of the FIR it appears that there is no specific allegation of assault or overt act against the petitioners rather the allegation levelled against all the accused persons including the petitioners are general and omnibus in nature that the petitioner no.3 along with one Lalan Yadav had assaulted the informant and specific allegation of assault is against co-accused persons, namely, Devendra Yadav and Manish Kumar that they have assaulted the father and brother of the informant.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances and the fact that the petitioners have clean antecedent and there is no specific allegation against these petitioners in the FIR, let the petitioners, 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) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bachhwara P.S. Case
Patna High Court CR. MISC. No.51886 of 2025(2) dt.21-08-2025 3/3 No. 119 of 2025, 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. Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners 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 petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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) Suruchi/- U T