Bablu Yadav Vs The State Of Bihar — Anticipatory Bail | Patna HC (2025)

Bablu 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 four weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Nawada, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Roh P.S. Case No. 237 of 2024 for offences punishable under Sections 126(2), 115(2), 109(1), 352, 351(2), 3(5) of B.N.S., is entitled to anticipatory bail.

Court's answer

Anticipatory bail granted: considering that the petitioner has clean antecedents and the injury sustained by the informant is simple in nature, the Court granted the privilege of anticipatory bail to the petitioner.

Ratio / Principle

In the event of arrest or surrender before the Court below within four weeks, the petitioner is to 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 Judicial Magistrate, 1st Class, Nawada, in connection with Roh P.S. Case No. 237 of 2024, subject to the conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail – granted (section 482(2), Bharatiya Nagarik Suraksha Sanhita, 2023). Petitioner apprehended arrest in Roh P.S. Case No. 237 of 2024 (District Nawada) for offences punishable under Sections 126(2), 115(2), 109(1), 352, 351(2), 3(5) of B.N.S., arising from an incident of 12.08.2024 in which co-accused Pratik Yadav hit the informant's head with a brick and the petitioner allegedly struck him with a stick with intention to kill; the injury to the informant was simple. Holding that the petitioner has clean antecedents and the injury is simple in nature, the Patna High Court (Alok Kumar Sinha, J.) granted the privilege of anticipatory bail: the petitioner is to be released on bail in the event of arrest or surrender within four weeks on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Nawada.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 6267 of 2025

Arising Out of PS. Case No.-237 Year-2024 Thana- ROH District- Nawada

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

Bablu Yadav S/O Late Amirak Yadav Resident Of Village- Koshi, P.s.- Roh, District- Nawada

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sheo Kumar Prasad, Adv For the Opposite Party/s : Mr. Shyam Kumar Singh, APP

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

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

3 12-05-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in connection with Roh P.S. Case No. 237 of 2024, registered for the offence punishable under Sections 126(2), 115(2), 109(1), 352, 351(2), 3(5) of B.N.S.

The case of the prosecution, in short, is that on 12.08.2024 at about 05:30 P.M., when the informant was returning home after grazing buffaloes then he found petitioners’ goat grazing in his cornfield. When he resisted, all the accused persons started abusing and Pratik Yadav hit his head by brick and Bablu Yadav (petitioner) struck him by a stick with intention to kill him.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No. 6267 of 2025(3) dt.12-05-2025 2/2

petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. He further submits that the informant assaulted the petitioner’s she goat and the said goat became unconscious due to which a scuffle took place and he has been implicated.

Learned A.P.P. for the State opposes the prayer of anticipatory bail.

Considering the fact that the petitioner has clean antecedent and the injury sustained by the informant is simple in nature, this Court is inclined to grant privilege of anticipatory bail to the petitioner.

Let the petitioner, named above, in the event of his arrest or surrender before the Court below within four weeks from today, 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 Judicial Magistrate, 1^st Class, Nawada in connection with Roh P.S. Case No. 237 of 2024, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Alok Kumar Sinha, J)

kiran/-

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