← Library
Patna High CourtCR. MISC./524/2026bail granted

Amarjit Kumar Yadav @ Amarjit Yadav v. The State Of Bihar

2026-02-04Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.524 of 2026 Arising Out of PS. Case No.-66 Year-2025 Thana- MANIGACHI District- Darbhanga ====================================================== Amarjit Kumar Yadav @ Amarjit Yadav S/O Harinarayan Yadav Resident of Village- Gopalpur, P.S.- Manigachhi, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No 13, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-02-2026 Heard Mr. Manish Kumar No. 13, learned counsel for the petitioner and the State.

2. The petitioner is apprehending his arrest in connection with Manigachi P.S. Case No. 66 of 2025 for the offence under sections 126(2), 127(2), 115(2), 109(1), 352 and 3(5) of the BNS lodged on 10.05.2025 by the informant, Nitish Kumar Jha.

3. As per the prosecution story, the informant alleged that while he alongwith his brother was going on a motorcycle, the accused persons stopped him and thereafter, Kamlesh Yadav assaulted on his head while Kari Yadav assaulted on the head of his brother causing injuries. They were tied to a pole and a revolver was also pushed in their pocket. The Police came and took them away, after treatment, the FIR.

2/4

4. Learned counsel for the petitioner submits that actually both of them came to kill the petitioner's side, one of the accused opened fire which did not hit the petitioner's side. The villagers caught hold of them, tied them to the pole and called the Police. An FIR was earlier lodged by the petitioner's side, two days later, in retaliation and to save their skin, the present FIR. The submission is that Kamlesh Yadav and Kari Yadav have been made accused and while Kamlesh Yadav is out on bail, Kari Yadav has been granted anticipatory bail in Cr. Misc. No. 91340 of 2025 by a Coordinate Bench.

5. Learned APP opposes the prayer submitting that though there is case and counter-case, the case of the petitioner being earlier, the fact remains that assault theory is there though he concede that it is on Kamlesh Yadav and Kari Yadav and omnibus allegation is against this petitioner.

6. Taking into account the submissions of the parties as also the aforesaid facts, the petitioner has no criminal antecedent and other co-accused persons have been granted relief, as stated above, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the

3/4 receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM, VI, Darbhanga, in connection with Manigachi P.S. Case No. 66 of 2025 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her 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 month for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds;

(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;

4/4 (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) Adnan/- U T