Patna High CourtCR. MISC./77459/2025bail granted

Shiv Yadav v. The State Of Bihar

2026-01-17Mr. Justice Khatim Reza4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77459 of 2025 Arising Out of PS. Case No.-151 Year-2025 Thana- PARBATTA District- Khagaria ====================================================== Shiv Yadav S/O Late Bhogi Yadav R/O Village- Baisa, Police StationParbatta, (Madaiya), District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Yadav, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seek regular bail in Parbatta P.S. Case No. 151 of 2025 dated 25-04-2025 registered under Sections 189(2), 191(2), 191(3), 190, 221, 223, 285, 121(1), 132, 324(4), 324(5), 74, 352, 353 and 61(2) of the Bharatiya Nyaya Sanhita, 2023.

3. Allegation against the petitioner along with other accused persons is that they instigated a road blockade, assaulted police personnel, damaged vehicles, pelted stones, abused officials, and misbehaved with women and passengers.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the FIR has been lodged

2/4 against 15 named accused persons, including the petitioner and 15-20 unknown persons. Out of the 15 named accused, 14 coaccused persons have been granted the benefit of police bail under Section 41 Cr.P.C., whereas the petitioner alone has been denied the same. It is further submitted that as per statement made in paragraph 3 of the bail petition although 23 cases are shown pending against the petitioner, he has already been acquitted in 19 cases, final report has been submitted in one case and in the remaining three cases he is already on bail. Learned counsel further submits that there is no specific allegation against the petitioner and that the allegations are general and omnibus in nature. Lastly, it is submitted that the petitioner has been in judicial custody since 13.07.2025.

5. Learned Additional Public Prosecutor for the State has opposed the prayer for bail and submitted that as per his instructions, 25 criminal cases are pending against the petitioner whereas only 23 criminal cases have been disclosed in paragraph 3 of the bail petition.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount

3/4 each to the satisfaction of the learned J.M. F.C. Khagaria, in connection with Parbatta P.S. Case No.

151 of 2025, subject to the following conditions:- (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed 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) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse (iv) that 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 and (v) that the petitioner will appear before the SHO of concerned PS in the first week of each month till the framing of charge in this case.

7. It is made clear that the learned court below before releasing the petitioner on bail shall verify the criminal antecedents of the petitioner from the Senior Superintendent of Police/Superintendent of Police, Khagaria through the local

4/4 investigating agency and if it is found that the petitioner has more than 23 criminal cases, as disclosed in paragraph 3 of the bail petition, he shall not be released on bail and this order shall be treated as stands rejected.

8. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T