Bikas Yadav @ Vikash Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Bikas Yadav @ Vikash Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender before the court below within thirty days from receipt of the order, on furnishing bail bond of Rs. 10,000 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. 465 of 2024, subject to conditions under Section 438(2) CrPC/482(2) BNSS and further conditions of trial cooperation, non-tampering, and antecedent verification.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Banka P.S. Case No. 465 of 2024 (offences punishable under Sections 126(2), 115(2), 109, 308(3) and 3(5) of BNS), is entitled to anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the court below within thirty days from receipt of the order, the petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000 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. 465 of 2024, subject to the conditions under Section 438(2) CrPC/482(2) BNSS and further conditions: cooperation in trial and physical presence on each date (bail bond cancellable on absence on two consecutive dates without sufficient reason); no tampering with evidence or witnesses (liberty to prosecution to move for cancellation); and verification of criminal antecedents by the court below, with cancellation steps if antecedents were concealed, though acceptance of bail bonds shall not be delayed for verification.

Ratio / Principle

Bail was granted on the ground that the petitioner has clean antecedents and there is no allegation of any assault or overt act against the petitioner.

Detailed headnote1 paragraphs

Anticipatory bail granted. The Patna High Court (Rajesh Kumar Verma, J.) allowed the pre-arrest bail application of Bikas Yadav @ Vikash Yadav, who was apprehending arrest in Banka P.S. Case No. 465 of 2024 (F.I.R. dated 09.11.2024) for offences punishable under Sections 126(2), 115(2), 109, 308(3) and 3(5) of BNS, arising from an allegation that the petitioner and others broke the informant's house, assaulted Aman Kumar with an iron rod causing head injury, and demanded Rs. 2 lacs. Noting the petitioner's clean antecedents and the absence of any specific allegation of assault or overt act against him (the specific allegation of grievous assault having been attributed, per the F.I.R., to co-accused Aditya Kumar, in a case and counter case scenario), the Court directed release on bail in the event of arrest or surrender within thirty days, on a bail bond of Rs. 10,000 with two like sureties to the satisfaction of the learned Chief Judicial Magistrate, Banka, subject to the conditions under Section 438(2) CrPC/482(2) BNSS and further conditions: cooperation in trial and physical presence on each date (bail bond cancellable on absence on two consecutive dates without sufficient reason), no tampering with evidence or witnesses, and verification of criminal antecedents by the court below without delaying acceptance of bail bonds.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21563 of 2025

Arising Out of PS. Case No.-465 Year-2024 Thana- BANKA District- Banka

======================================================

Bikas Yadav @ Vikash Yadav Son of Jamun Yadav Resident of Village - Kakwara, P.S. - Banka, District - Banka

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Shakir Ahmad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 08-05-2025

Heard Mr. Praveen Kumar, learned counsel for the petitioner and Mr. Shakir Ahmad, learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Banka P.S. Case No. 465 of 2024, F.I.R. dated 09.11.2024 for the offences punishable under Sections 126(2), 115(2), 109, 308(3) and 3(5) of BNS.

According to prosecution case, the petitioner along with other persons broke the house of the informant and assaulted one Aman Kumar with iron rod and causing head injury and also demanded Rs. 2 lacs.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that there is a

Patna High Court CR. MISC. No.21563 of 2025(2) dt.08-05-2025 2/3

case and counter case and although the petitioner is named in the F.I.R. but from perusal of the F.I.R. it appears that the specific allegation of assault is attributed against the co-accused person, namely, Aditya Kumar and the Aditya Kumar also assaulted one Aman Kuamr and the injury inflicted upon the injured person is grievous in nature and the allegation against the petitioner and other co-accused is that they have assaulted the informant and his family members, but there is no specific allegation of any assault or overt act against this petitioner.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts, the petitioner has clean antecedent and there is no allegation of any assault and overact against the 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 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, Banka, in connection with Banka P.S. Case No. 465 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

Patna High Court CR. MISC. No.21563 of 2025(2) dt.08-05-2025 3/3

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 shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J)

Jyoti Kumari/-

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