Saheb Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60321 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- CHOUTARWA District- West Champaran ====================================================== Saheb Yadav S/O Ramchandra Yadav R/O Chandarpur, Bhidari, P.S.- Chautarwa, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner as well as the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Chautarwa P.S. Case No. 09 of 2025, registered for the offences punishable under Sections 103, 3(5) of the BNS.

3. According to the informant, he sent his son to the hostel/school run by the petitioner. On 09.01.2025, the informant's wife received a call that their son had sustained injury, while he was playing football. Thereafter, the informant's son was taken to SubDivisional Hospital, Bagaha, where the doctor declared him dead.

4. Learned counsel for the petitioner has submitted that the petitioner is the Director of the school and has no mens rea or motive to commit the alleged offence. As a matter of fact, the boy was playing football and in that course, he came into contact with the tractor, which was being used for offloading soil in the campus and he was badly injured. The petitioner and his brother, Aatma Yadav,

Patna High Court CR. MISC. No.60321 of 2025(2) dt.29-08-2025 2/2 immediately brought the child to the hospital, but unluckily he could not be saved. It has further been submitted that the chargesheet has been submitted under Section 106(1) of the BNS for causing death by rash and negligent act.

5. There is no motive for the petitioner to commit the murder of the deceased.

6. On the other hand, learned APP for the State has opposed the prayer for bail.

7 Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-Ist, Bagaha, West Champaran in connection with Chautarwa P.S. Case No. 09 of 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/482(2) of the BNSS, 2023.

(Nawneet Kumar Pandey, J) Nirmal/- U T