Patna High Court – Orders
Triveni Yadav @ Triveni Kumar vs The State Of Bihar on 28 March, 2025
Author: Jitendra Kumar
Bench: Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14039 of 2025 Arising Out of PS. Case No.-14 Year-2025 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Triveni Yadav @ Triveni Kumar, son of Dilip Yadav @ Dilip Ray, r/o Mohalla- Abhanda, P.S. -Laheriasarai, Distt.- Darbhanga ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Baidnath Prasad, Advocate. For the State : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 2 28-03-2025
Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Laheriasarai P.S. Case No. 14 of 2025, dated
04.01.2025 registered for the offences punishable under
Sections 190, 191(2), 191(3), 115(2), 117(2), 118(1), 109, 262,
263(a), 132, 121(1), 121(2), 352, 351(2) of B.N.S.S.
corresponding to Sections 149, 146, 148, 323, 325, 324, 307,
224, 225, 353, 332, 333, 504 and 506 of the Indian Penal Code.
3. As per allegation, petitioner was a member of the
unlawful assembly to assault the Police who had gone to
execute the arrest of co-accused Jitendra Kumar.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.14039 of 2025(2) dt.28-03-2025
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case. He further submits that the petitioner is no way connected
with the alleged offence. He was not present at the place of
occurrence. His name has been dragged in this case only on the
basis of suspicion.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Darbhanga, in connection
with Laheriasarai P.S. Case No. 14 of 2025, subject to the
conditions as laid down under Section 438 (2) Cr.PC and on the
following conditions:
Patna High Court CR. MISC. No.14039 of 2025(2) dt.28-03-2025
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(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
S.Ali/-
U T