Mohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53002 of 2025 Arising Out of PS. Case No.-456 Year-2024 Thana- KAUWAKOL District- Nawada ====================================================== Mohan Yadav S/O- Hiraman Yadav Resident of Village- Karmatand, P.S.- Kawakole, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Kawakol P.S. Case No. 456 of 2024 instituted for the offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(3), 117(2), 118(2), 109 & 103(1) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution story, in short, is that petitioner along with other co-accused persons assaulted the informant and his father by means of rod on his head, as a result of which, informant's father died on the spot and when the other persons tried to rescue, the accused persons also assaulted them, due to which they also sustained injuries.

Patna High Court CR. MISC. No.53002 of 2025(2) dt.01-08-2025 2/3

4. Learned counsel for the petitioner submitted that petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against this petitioner. No specific overt act is alleged against this petitioner. The specific allegation of assaulting the deceased is against Gautam Yadav, Satyendra Yadav and Prithvi Yadav. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 23.06.2025 passed in Cr. Misc. No. 11308 of 2025.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kawakol P.S. Case No. 456 of 2024, subject to the conditions as laid down

Patna High Court CR. MISC. No.53002 of 2025(2) dt.01-08-2025 3/3 under Section 482(2) of the BNSS, 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T