Amar Yadav @ Amira Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3510 of 2025 Arising Out of PS. Case No.-95 Year-2024 Thana- SRINAGAR District- West Champaran ====================================================== 1.

Amar Yadav @ Amira Yadav Son of Dukhi Yadav Resident of Village - Nawka Tola, Bandarhi, P.S. - Srinagar, District - West Champaran 2.

Raghni Devi @ Ragni Devi Wife of Amar Yadav @ Amira Yadav Resident of Village - Nawka Tola, Bandarhi, P.S. - Srinagar, District - West Champaran 3.

Foolmati Devi Wife of Dukhi Yadav Resident of Village - Nawka Tola, Bandarhi, P.S. - Srinagar, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhileshwar Kumar Shrivastva, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-02-2025 Heard Mr. Akhileshwar Kumar Shrivastva, the learned counsel for the petitioners and Mr. Raj Ballabh Singh, the learned Additional Public Prosecutor for the State. 2.

The petitioners are apprehending their arrest in connection with Srinagar PS Case No. 95 of 2024 (G.R. No. 2623 of 2024), FIR dated 24.06.2024, registered for the offences punishable under Sections 341, 342, 323, 307, 324, 325, 379, 504 and 506 read with Section 34 of the Indian Penal Code. 3.

According to the prosecution case, while the informant was cultivating his land, the co-accused persons, variously armed, came at informant's land and started abusing

2/4 him and upon his protest, they assaulted him and also snatched golden chain from his neck.

4.

Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that from perusal of the FIR it is evident that due to admitted land dispute the present occurrence has taken place and both the parties are agnates as well. He lastly submits that there is case and counter case between the parties and although there is specific allegation against the petitioner no. 1 that he has assaulted to the informant on his left leg, but injury report of the informant suggests that injury is simple in nature.

5.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioners.

6.

Considering the aforesaid facts and circumstances and mainly the facts that petitioners have clean antecedent, injury inflicted upon the injured person is simple in nature and there is no specific allegation of any assault or overt act attributed against petitioner nos. 2 and 3, let the petitioners, above-named, in the event of their arrest or surrender before the learned trial Court, within a period of four weeks from the date

3/4 of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, West Champaran, Bettiah, where the case is pending in connection with Srinagar PS Case No. 95 of 2024 (G.R. No. 2623 of 2024), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the BNSS, 2023 and also the following conditions: (i). Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the learned trial Court and shall remain physically present as directed by the learned trial Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the learned trial Court.

(ii). If the petitioners tamper 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 learned trial Court shall verify the criminal antecedent of the petitioners and in case, at any stage, it is found that the petitioners have concealed their criminal antecedent, the learned trial Court shall take step for cancellation of bail bond of the petitioners.

4/4 However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Shahnawaz/- U T