Patna High Court – Orders
Okil Yadav @ Dhaneshwar Yadav vs The State Of Bihar on 16 June, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35641 of 2025
Arising Out of PS. Case No.-132 Year-2024 Thana- SAKURABAD District- Jehanabad
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Okil Yadav @ Dhaneshwar Yadav son of Laldeo Singh @ Laldeo Yadav
village- Chiksaura, Ps- Shakurabad, dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Ms. Renuka Ratnakar, APP-125
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2025
Heard Mr. Manoj Kumar, learned counsel for the
petitioner and Ms. Renuka Ratnakar, learned Additional Public
Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Shakurabad P.S. Case No. 132 of 2024, F.I.R.
dated 24.06.2024 for the offences punishable under Sections
147, 148, 149, 354, 302, 379 and 120B of the Indian Penal
Code.
3. According to prosecution case, the petitioner
along with other co-accused persons has assaulted the informant
and her family members for grabbing the share of the informant,
as a result of which the husband of the informant died during the
course of treatment.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.35641 of 2025(2) dt.16-06-2025
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petitioner is innocent and he has falsely been implicated in the
present case. He further submits that from perusal of the F.I.R it
appears that due to admitted land dispute between the parties,
the present occurrence has been taken place and although the
petitioner is named in the F.I.R. but it appears from the F.I.R.
that there is no specific allegation of any assault or overt act
against this petitioner rather there is general and omnibus
allegation against all the accused persons including this
petitioner and the petitioner is own brother of the deceased and
the informant is the sister-in-law of the petitioner.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner is named in the F.I.R and apart from
that the petitioner carries one criminal antecedent other than the
present one but 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 that there is no
specific allegation of any assault or over act against this
petitioner rather there is general and omnibus allegation against
all the accused persons including this petitioner, let the
petitioner, above named, in the event of arrest or surrender
before the court below within a period of thirty days from the
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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 the learned Chief
Judicial Magistrate, Jehanabad in connection with Shakurabad
P.S. Case No. 132 of 2024, subject to the conditions as laid
down under Section 438(2) of the Code of Criminal
Procedure/482(2) of the B.N.S.S., 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 absence on two consecutive dates without sufficient
reason, his 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
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
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4/4shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Jyoti Kumari/-
U T