Akhilesh Yadav @ Akhilesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76389 of 2025 Arising Out of PS. Case No.-1934 Year-2022 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== 1.
Akhilesh Yadav @ Akhilesh Kumar Yadav Son of Late Yadunandan Yadav Resident of Gudar Pandey Lane, P.S.- Buniyadganj, District - Gaya. 2.
Mahesh Yadav @ Mahesh Kumar Yadav Son of Late Yadunand Yadav Resident of Gudar Pandey Lane, P.S.- Buniyadganj, District - Gaya. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sanjay Prakash Gupta Son of Late Lakhan Prasad Gupta At present residing at Mohalla - Kachi Sangat (Gopalganj Road), Aryasamaj Mandir, P.S.- Buniyadganj, District - Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rabia Gulnaz For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-11-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 342, 323, 504, 380, 384, 385 and 436 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that his cloth's godown runs in the premises of Akhilesh, on 16.12.2022, Akhilesh informed that the godown is on fire, accordingly he reached the place of occurrence and saw that
Patna High Court CR. MISC. No.76389 of 2025(2) dt.27-11-2025 2/3 fire-brigade was trying to extinguish the fire, further on 17.02.2022 the petitioners along with other accused persons called the complainant and forcibly took his signature on nonjudicial stamp paper of Rs.1000/- and assaulted him saying that he deliberately put the godown on fire for seeking compensation from insurance company and also snatched the checque and money from his box.
4. Learned counsel submits that petitioners have been falsely implicated in the instant case by the complainant. It is next submitted that from perusal of the allegation as alleged in the complaint, it would manifest that cloth's godown of the complainant was running in the house of Akhilesh and the godown was burnt on account of fire as such the complainant in order to avoid compensating Akhilesh instituted the present false complaint case. It is also submitted that petitioners and complainant had business relation. It is further submitted that the complainant falsely alleged that his forcible signature was taken on non-judicial stamp paper as the said allegation has been made only to give seriousness to the case. It is also submitted that had an FIR been instituted the police could have investigated the allegations.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.76389 of 2025(2) dt.27-11-2025 3/3 anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Complaint Case No.1934/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T