Baudhu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76600 of 2025 Arising Out of PS. Case No.-100 Year-2024 Thana- MANPUR District- Nalanda ====================================================== Baudhu Yadav S/o Late Bijendra Yadav @ Virju Yadav R/o VillageGogharipar (Gogripar), P.S.- Manpur, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.N.K. Agarwal, Sr. Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-01-2026 Heard Mr. N.K. Agarwal, learned Senior Counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Manpur P.S. Case no-100 of 2024 registered for offence under sections 191(2), 191(3),190,126(2),115(2), 74,329(4), 109,352,303(2) of the B.N.S and section 27 of the Arms Act lodged on 20.07.2024 by the informant, Neetu Devi.
3. As per the prosecution story, the informant alleged that in the evening when she came out of the door, the accused persons including this petitioner were there and after abusing, allegation is that this petitioner opened fire causing injury on her leg. She became unconscious and regained consciousness only in the Hospital. This led to the FIR.
4. Learned Senior Counsel submits that the petitioner
2/4 has already suffered by being in custody since 20.07.2024. However, he concedes that number of criminal cases under his belt. The submission is that if granted bail, he shall not indulge in any criminal activity and further diligently appearing in trial. Failure to abide any of the aforesaid undertaking, the State shall be free to take steps for cancellation of bail bonds, if relief is extended. Last submission is that irrespective of the outcome of the present case and/or accepting the allegation, the petitioner intends to contribute Rs.5000/- to the lady Neetu Devi through Demand Draft issued by the local State Bank of India branch/ Any Nationalized Bank to be submitted before the concerned Court and handed over to the informant, Neetu Devi after checking the credential.
5. Learned APP, Mr. Jitendra Kumar Singh opposes the prayer submitting that he has number of criminal cases and some of the witnesses have already been examined.
6. Though, the allegation is there, trial has still not completed, is in custody since 20.07.2024, an undertaking has been given that the petitioner shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of bail with conditions subject to payment of Rs.5000/- to the lady Neetu Devi through Demand Draft issued
3/4 by the local State Bank of India branch/ Any Nationalized Bank to be submitted before the concerned Court and handed over to the informant, Neetu Devi after checking the credential.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.D.J.2nd cum POCSO-I, Nalanda at Bihar Sharif, in connection with Sessions Trial No. 964 of 2024 arising out of Manpur P.S. Case No. 100 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Voter ID/Driving License/Pan Card) to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds;
4/4 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T