Patna High Court – Orders
Ashok Yadav vs The State Of Bihar on 19 June, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38114 of 2025
Arising Out of PS. Case No.-131 Year-2024 Thana- GRIYAK District- Nalanda
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Ashok Yadav S/o- Sura Yadav Village- Maira PS-Katrisarai District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-06-2025
Heard Mr. Pramod Kumar Sinha, learned counsel for
the petitioner and Mr. Anil Kumar, learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Giriyak P.S. Case No. 131 of 2024, F.I.R. dated
16.04.2024 registered for the offences punishable under Sections
147, 148, 149, 341, 323, 324, 325, 448, 307, 504 and 506 of the
Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, on 15.04.2024, in the night,
some scuffle took place between the informant and the accused
persons due to lifting the soil from the field of the informant and
on 16.04.2024, in the morning, at about 3:00 A.M all the accused
persons including the petitioner armed with lathi, danda etc.
started banging the door of the informant and abusing and when
the informant’s brother objected, they assaulted his brother
namely, Manoj Yadav and the accused persons also assaulted the
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grandmother and sister-in-law of the informant by means of
lathi, danda etc.
4. Learned counsel for the petitioner submits that due
to admitted land dispute the petitioner has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
From perusal of the F.I.R. it appears that although the petitioner
is named in the F.I.R. but there is specific allegation attributed
against co-accused person namely, Mukesh Yadav and there is no
specific allegation of any assault or overt act attributed against
the petitioner. He further submits that similarly situated co-
accused person namely Radhika Devi has been granted the
privilege of anticipatory bail by a Coordinate Bench of this Court
vide order dated 19.12.2024 passed in Cr. Misc. No. 84524 of
2024, another co-accused persons namely Rakesh Yadav, Rajo
Yadav, Prahlad Yadav and Viki Yadav @ Vikke Yadav have been
granted the privilege of anticipatory bail by a Coordinate Bench
of this Court vide order dated 29.01.2025 passed in Cr. Misc. No.
72797 of 2024 respectively and the case of the petitioner is of
similar footing.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner and submits that the
petitioner carries one more case other than the present one but
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fairly submits on the basis of paragraph-3 of the bail petition that
the petitioner is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances
of the case that there is no specific allegation of any assault or
overt attributed against the petitioner and similarly situated co-
accused persons have been granted the privilege of anticipatory
bail by a Coordinate Bench of this Court, let the petitioner, above
named, in the event of his arrest or surrender before the court
below within a period of thirty days from the date of receipt of
the order, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Nalanda at Biharsharif in connection with Giriyak
P.S. Case No. 131 of 2024, 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 :-
(1) 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 absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
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(3) 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
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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)
Ibrar//-
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