Vikash Yadav v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER Mr. Pankaj Kumar Sinha, Advocate Mr. Ram Sevak Choudhary, APP 2 28-04-2025 Heard Mr. Pankaj Kumar Sinha, learned counsel for the petitioner and Mr. Ram Sevak Choudhary, learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Chandradip P.S. Case No. 203 of 2024, F.I.R. dated 22.10.2024 for the offences punishable under Sections 126(2), 115(2), 351(2), 352, 303(2) of the Bhartiya Nyay Sanhita, 2023.

As per the First Information Report, the informant stated that he is working as Nosal Man at Aliganj Petrol Pump. On 09.10.2024, petitioner arrived and filled up petrol worth Rs.250/- in his bike. It is further alleged that when the informant demanded the amount, the petitioner refused to pay the amount and started abusing him. The petitioner also assaulted the Patna High Court CR. MISC. No.19928 of 2025(2) dt.28-04-2025 informant and snatched away Rs. 9000/- from his pocket.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case and he has not committed any offence as alleged in the FIR. Although there is specific allegation that the petitioner assaulted the informant and the informant received injury but the injury report of the injured person suggest that injury is simple in nature.

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

Considering the aforesaid facts and circumstances, the petitioner has clean antecedent and the injury report of the injured person suggest that injury is simple in nature , 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 A.C.J.M- 1st, Jamui in connection with Chandradip P.S. Case No. 203 of 2024, 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 Patna High Court CR. MISC. No.19928 of 2025(2) dt.28-04-2025 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 bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Suruchi/- U T (Rajesh Kumar Verma, J)