Anandi Yadav @ Anandi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63767 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- KHUDAGANJ District- Nalanda ====================================================== Anandi Yadav @ Anandi Kumar Son of Abadh Prasad Resident of Village - Waira, Police Station - Khudaganj, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-05-2025 Heard Mr. Shankar Kumar, learned counsel for the petitioner and Mr. Ajay Kumar Jha, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Khudaganj P.S. Case No. 22 of 2024, F.I.R. dated 03.03.2024 for the offences punishable under Sections 147, 149, 341, 323, 307, 325, 302 and 120B of the Indian Penal Code.

3. According to prosecution case, due to previous enmity, this petitioner along with other accused persons armed with iron rod and bat brutally assaulted the informant's brothers namely, Guddu Kumar and Mantu Kumar resulting into death of Guddu Kumar and grievous injury to Mantu Kumar.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.63767 of 2024(6) dt.12-05-2025 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. Although the petitioner is named in the F.I.R but there is no specific allegation of assault or overt act attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including this petitioner. He further submits that the informant is not the eye witness of the alleged occurrence.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent and there is no specific allegation of assault against the petitioner, let the petitioner, 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) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Khudaganj P.S. Case No. 22 of 2024, 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:-

Patna High Court CR. MISC. No.63767 of 2024(6) dt.12-05-2025 3/3 i. Petitioner 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner 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 petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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) Vanisha/- U T