Patna High CourtCR. MISC./62629/2025bail granted

Baidhnath Prasad Yadav @ Baiju Yadav @ Baijnath Prasad Yadav v. The State Of Bihar

2025-09-15Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62629 of 2025 Arising Out of PS. Case No.-217 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== Baidhnath Prasad Yadav @ Baiju Yadav @ Baijnath Prasad Yadav S/o- Late Harinandan Yadav @ Hari Yadav Village- Tamout Paras, Ward no 8, P.SMurliganj, Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Binita Kumari, Adv For the Opposite Party/s :

Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-09-2025

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Murliganj P.S. Case no.217/2023 registered under Sections 147, 302, 120-B of Indian Penal Code.

3. As many as 15 FIR named accused persons and 5 to 6 unknown persons have been stated to be accused of assaulting the deceased Ambikanand Yadav.

4. Learned counsel for the petitioner submits that it would be evident from the first information report that there is a specific allegation that on the order of one Sharda Devi and Poonam Devi, co-accused Arun Yadav, Shailendra Yadav, Sanjeev Kumar and Manoj Kumar started strangulating the deceased by means of a towel. It is further alleged that rest of the accused persons also assaulted by means of lathi and danda. It has further been submitted that there is a general and omnibus

Patna High Court CR. MISC. No.62629 of 2025(2) dt.15-09-2025 2/3 allegation on a number of accused persons and there is no specific allegation against the present petitioner. It has further been submitted that the informant is not an eye witness to the occurrence and Lalita Devi, who had taken the deceased for treatment, has not been examined during the course of investigation. The further submission is that there is a case and counter-case between the parties and the persons on the side of the accused persons have also suffered injuries. It has also been submitted on behalf of the petitioner that the similarly situated co-accused persons have already been granted both anticipatory bail and regular bail vide Annexure-P/4 series .The petitioner undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground of seriousness of offence and points out that there is a delay in approaching the Court for anticipatory bail. In response, it has been submitted since the petitioner belongs to a different village and there was a confusion between with regard to parentage also, steps could not be taken on behalf of the petitioner earlier.

6. Taking into consideration the facts and circumstances of the case and also considering that the petitioner is 65 years old person and there is a general and

Patna High Court CR. MISC. No.62629 of 2025(2) dt.15-09-2025 3/3 omnibus allegation against the petitioner and other similarly situated accused persons being Devnandan Yadav, Sanjiv Kumar and Mithilesh kumar, who have been already granted privilege of anticipatory by the learned District Court vide A.B.P No. 1570/2023 and some other co-accused persons have been allowed bail by the Co-ordinate Benchs of this Court and as also one Pawan Yadav has been granted anticipatory bail by this Court vide order dated 09.05.2025 passed in Cr. Misc. No. 67132/2024 , let the above named petitioner who has no criminal antecedent, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Murliganj P.S. Case no. 217/2023 on furnishing bail bond of Rs.

10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Madhepur, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) krishnakant/- U T