Shibu Yadav @ Shivshankar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87320 of 2025 Arising Out of PS. Case No.-132 Year-2025 Thana- RAGHOPUR District- Supaul ====================================================== Shibu Yadav @ Shivshankar Yadav Son of Late Iner Yadav R/o Village - Dharhara, Ward no. 12, P.S. - Raghopur,Distt. Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjay Kumar Singh, Advocate For the Opposite Party/s :
Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-01-2026 Heard Mr.Ranjay Kumar Singh, learned counsel for the petitioner and Mr.Shyameshwar Dayal, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Raghopur P.S. Case No.132 of 2025, dated 09.04.2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 127(2), 110, 76, 351(2), 303(2), of BNS, 2023.
3. Allegation against the petitioner is that he gave a Khanti blow on the head of Pintu Yadav. Further allegation against the petitioner is that he alongwith co-accused person, namely, Mukesh Yadav dragged the informant's wife on the ground due to which she became disrobed.
2/4
4. Learned counsel appearing for the petitioner submits that the present case is counter blast of Raghopur P.S.Case No.130/2025. Although the petitioner is named in the FIR and the specific allegation against the petitioner is that he alongwith other co-accused person assaulted to one Pintu Yadav. Although Pintu Yadav has received the injury but the injury report of Pintu Yadav suggests that the injury is simple in nature caused by hard and blunt substance.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner is named in the FIR and there is direct and specific allegation against the petitioner that he is the order-giver of the present occurrence and apart from that he also assaulted to one Pintu Yadav and Pintu Yadav has received the injury. Further submits that the petitioner carries two more cases other than the present one but fairly submits that the petitioner is on bail in both the cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, there is case and counter case, injury inflicted upon the injured person is simple in nature, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of
3/4 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 learned A.C.J.M.-1, Birpur in connection with Raghopur P.S. Case No.132 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS, 2023 and with other following conditions:- (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/her absence on two consecutive dates without sufficient reason, his/her 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/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
4/4 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) Nitesh/- U T