Bipin Yadav @ Padra @ Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77996 of 2025 Arising Out of PS. Case No.-257 Year-2024 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Bipin Yadav @ Padra @ Raushan Kumar S/O Shivji Yadav R/O VillageChandrachak, thana, P.S- Nimchak Bathani, District- Gaya Ji. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Asgher Najmi Mr. Ashutosh Kumar Mishra For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-01-2026

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109, 352, 351(2)(3) and 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of three cases and the informant alleges that on 30.11.2024 at 6.30 P.M., her husband had gone to the house of Mintu seeking payment in lieu of the soil, but payment was not made and Mintu along with petitioner assaulted her husband thereafter petitioner and Dharmendra came to her house and fired five rounds and pushed her

2/4 grandmother.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that informant alleges that her husband had gone to the house of Mintu for seeking his payment in lieu of the soil, but the payment was not made and Mintu along with petitioner assaulted her husband. It is submitted that petitioner is brother of Mintu and thus came to be implicated when dispute of informant's husband with regard to payment was with Mintu. It is also submitted that there is allegation against the petitioner and Dharmendra that they fired five rounds in front of the house of the informant and pushed her grandmother, but then, the said allegation is exaggerated allegation.

It is further submitted that it was informant who had given an empty cartridge to the police when allegation is of firing of five rounds. It is further submitted that even injury suffered by the husband of the informant on account of assault has been opined to be simple in nature and there is no specific allegation against the petitioner of assaulting the husband of the informant.

3/4 prove his innocence.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Neemchak Bathani P. S. Case No.257 of 2024, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

7. The application stands allowed.

8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.

9. Let a copy of this order be sent to the concerned

4/4 Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T