Patna High Court – Orders
Nankeshwar Yadav vs The State Of Bihar on 24 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44788 of 2025
Arising Out of PS. Case No.-207 Year-2023 Thana- BANKA District- Banka
======================================================
1. Nankeshwar Yadav S/o Harkhu Yadav R/o Village- Gonra, PS- Banka,
District- Banka
2. Sanjay Yadav S/o Nankeshwar Yadav R/o Village- Gonra, PS- Banka,
District- Banka
3. Manoj Yadav S/o Nand Kishor Yadav R/o Village- Gonra, PS- Banka,
District- Banka
4. Guddu Yadav @ Chun-chun Yadav S/o Nonkashwar Yadav R/o Village-
Gonra, PS- Banka, District- Banka
5. Nageshwar Yadav S/o Nankeshwar Yadav R/o Village- Gonra, PS- Banka,
District- Banka
6. Bandhu Yadav S/o Badal Yadav R/o Village- Gonra, PS- Banka, District-
Banka
7. Sunita Devi W/o Kuldip Yadav R/o Village- Jagatpur, PS- Banka, District-
Banka
8. Sunita Devi W/o Manoj Yadav R/o Village- Gonra, PS- Banka, District-
Banka
9. Kavita Devi W/o Sanjay Yadav R/o Village- Gonra, PS- Banka, District-
Banka
10. Savitri Devi W/o Guddu Yadav @ Chunchun Yadav R/o Village- Gonra, PS-
Banka, District- Banka
11. Rinku Devi W/o Nageshwar Yadav R/o Village- Gonra, PS- Banka, District-
Banka
12. Purni Devi W/o Nankeshwar Yadav R/o Village- Gonra, PS- Banka, District-
Banka
13. Seema Devi @ Shyama Devi W/o Bandhu Yadav R/o Village- Gonra, PS-
Banka, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Nath Pandey, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-07-2025
Heard Mr. Aditya Nath Pandey, learned counsel for
Patna High Court CR. MISC. No.44788 of 2025(2) dt.24-07-2025
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the petitioners and Mr. Uday Chand Prasad, learned Additional
Public Prosecutor for the State.
2. Learned counsel for the petitioners submits that
during pendency of the present bail application the petitioner
nos. 1 & 4, namely, Nankeshwar Yadav and Guddu Yadav @
Chun-Chun Yadav have been arrested. So present application
with respect to them has become infructuous. Hence, he seeks
permission to withdraw this application with respect to
petitioner nos. 1 & 4.
3. Permission is accorded.
4. Accordingly, this application stands dismissed as
withdrawn as having become infructuous with respect to
petitioner nos. 1 & 4, namely, Nankeshwar Yadav and Guddu
Yadav @ Chun-Chun Yadav.
5. The petitioners (except petitioner nos. 1 & 4) are
apprehending their arrest in connection with Banka P.S. Case
No. 207 of 2023, F.I.R. dated 02.04.2023 for the offences
punishable under Sections 143, 149, 341, 323, 324, 504, 506,
325 and 307 of the Indian Penal Code.
6. According to prosecution case, all these petitioners
have assaulted the informant and his daughter and they also
broke the glass of the JCB Tractor Loader Machine which was
Patna High Court CR. MISC. No.44788 of 2025(2) dt.24-07-2025
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purchased by the informant.
7. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. Although the petitioners are
named in the F.I.R but from perusal of the F.I.R it appears that
there is no specific allegation of assault or overt act attributed
against these petitioners rather there is general and omnibus
allegation against them. He further submits that some of the
persons have received injury but all the injuries are simple in
nature as recorded in paragraph nos. 73 and 74 of the case diary.
8. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
9. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent and there is no
specific allegation against these petitioners, let the petitioners
(except petitioner nos. 1 & 4), above named, in the event of
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/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Chief Judicial Magistrate, Banka in connection
with Banka P.S. Case No. 207 of 2023, subject to the conditions
Patna High Court CR. MISC. No.44788 of 2025(2) dt.24-07-2025
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as laid down under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with other following conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners 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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Vanisha/-
U T
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