Patna High Court – Orders
Nageshwar Yadav vs The State Of Bihar on 21 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46183 of 2025
Arising Out of PS. Case No.-1268 Year-2023 Thana- SHERGHATI District- Gaya
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1. Nageshwar Yadav S/o Suraj Yadav R/o Village-Ghodjara Baiju Bigha,P.S-
Sherghati,District- Gaya
2. Jay Yadav S/o Suraj Yadav R/o Village-Ghodjara Baiju Bigha,P.S-
Sherghati,District- Gaya
3. Kamla Devi @ Shanti Devi W/o Jay Yadav R/o Village-Ghodjara Baiju
Bigha,P.S-Sherghati,District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate
For the Opposite Party/s : Ms. Rita Verma, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 21-07-2025
Heard Mr. Arvind Kumar Singh, learned counsel
for the petitioners and Ms. Rita Verma, learned Additional
Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Sherghati P.S. Case No. 1268 of 2023, F.I.R.
dated 23.02.2023 for the offences punishable under Sections
147, 148, 149, 341, 323, 324, 325, 307, 354(B), 448, 506 of
Indian Penal Code and Section 27 of Arms Act.
3. According to prosecution case, the allegation
against the petitioners is that they along with other accused
persons assaulted the informant’s family members. It is further
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alleged that the accused persons entered into the house of victim
Mamta Kumari and assaulted her and one of the accused tried to
disrobe her modesty and the accused persons also fired six
round at the place of occurrence.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
the present case. There is case and counter cause between the
parties and due to admitted land dispute the present occurrence
has taken place. From bare perusal of the FIR it appears that
there is no specific allegation of assault or firing attributed
against these petitioners rather the allegation against them are
general and omnibus and specific allegation of assault is
attributed against co-accused persons, namely, Devraj Yadav
and Kamlesh Yadav and they have been granted the privilege of
anticipatory bail by co-ordinate Bench of this Court vide order
dated 30.04.2025 in Cr.Misc.No. 21850 of 2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners on the
ground that petitioners are named in the FIR and they have one
criminal antecedent other than the present one but fairly submits
on the basis of paragraph-3 of the bail application that they are
on bail in the pending matter.
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6. Considering the aforesaid facts and circumstances,
there is no specific allegation of assault or firing attributed
against these petitioners rather specific allegation of assault is
attributed against co-accused persons and they have been
granted the privilege of anticipatory bail by co-ordinate Bench
of this Court, let the petitioners, 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 A.C.J.M-I, Sherghati, Gaya in connection with
Sherghati P.S. Case No. 1268 of 2023, subject to the conditions
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
Patna High Court CR. MISC. No.46183 of 2025(2) dt.21-07-2025
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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)
Suruchi/-
U T
