Hira Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52293 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- MANJHI District- Saran ====================================================== 1.
Hira Yadav S/o- Late Parmeshwar Yadav Village- Jayee Chapra Ps- Manjhi Dist- Saran 2.
Santosh Yadav @ Santosh Kumar Yadav S/o- Hira Yadav Village- Jayee Chapra Ps- Manjhi Dist- Saran 3.
Bachuli Yadav @ Bachhu Yadav S/o- Late Parmeshwar Yadav Village- Jayee Chapra Ps- Manjhi Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Mohan Jha, Adv For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 01-08-2025 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 registered for the offences punishable u/s 115(2), 126(2), 326(g) and 3(5) of the B.N.S.
3. As per the prosecution case, on 28.01.2025 at about 10:25, the informant was sleeping at his hut. In the meantime, the petitioners and the co-accused persons armed with deadly weapons came and started sprinkling petrol on the informant's hut where the cattle were also kept and lit the same on fire due to which several cattle got burnt and were even dead.
Patna High Court CR. MISC. No.52293 of 2025(2) dt.01-08-2025 2/3
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and there is a general and omnibus allegation against all the named accused persons including the petitioners. It is next submitted that the fire took place accidentally and with an ill motive the informant has falsely implicated the petitioners and others in the present case. It is also been submitted that similarly situated co-accused person has already been granted regular bail by this Court vide order dated 29.05.2025 passed in Cr. Misc. No. 34015 of 2025. It is lastly submitted that the petitioner no. 1 and 3 have clean antecedent whereas the petitioner no. 2 has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.
6. Considering the aforesaid submissions of the parties and taking into account the fact that there is general and omnibus allegation against the petitioners coupled with the fact that similarly situated co-accused person has already been granted regular bail, 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 bailbond of Rs. 10,000/- (Rupees Ten thousand) each with two
Patna High Court CR. MISC. No.52293 of 2025(2) dt.01-08-2025 3/3 sureties of the like amount each to the satisfaction of learned Court concerned, Saran, in connection with Manjhi P.S. Case No. 34 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.), with 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) If the petitioners are found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of their bail bond.
(v) 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