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2025 DAILYLAW 97726 (PAT)

Arvind Yadav @ Arbind Yadav @ Arvind Kumar v. The State of Bihar

CR. MISC./88154/2025 · 2025-12-24

Alok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88154 of 2025 Arising Out of PS. Case No.-215 Year-2025 Thana- BALIYA District- Begusarai ====================================================== Arvind Yadav @ Arbind Yadav @ Arvind Kumar S/o Chhotan Yadav Resident of Village- Lakhminiya, Dandari Tola, Ward No. 23, P.S.- Ballia @ Balia @ Baliya, District- Begusarai, Bihar, Pin- 851211 ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 24-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Ballia (Baliya) P.S. Case No. 215 of 2025 registered for the offences punishable under Sections 126(2), 109(1), 352, 351(2), 329(4), 3(5) of BNS, 2023 and under Section 27 of the Arms Act. 3. As per prosecution case, informant went to his dera which is situated at Manasi Gachhi and after seeing the informant, petitioner and others started abusing him. When the same was protested, petitioner started talking with the informant, meanwhile, co-accused Dhiraj Kumar fired upon the informant, however, he managed to escape from the place of occurrence. It is alleged that co-accused Gaurav Kumar is said to have started air Patna High Court CR. MISC. No.88154 of 2025(2) dt.24-12-2025 2/3 firing just to terrorise the people. It is alleged that informant’s father lodged Baliya P.S. Case No. 242 of 2020 and the informant is witness of the said case. It is further alleged that all accused persons threatened to kill the informant and his family members as informant was witness of the said case which was lodged by his father. It is further alleged that the reason behind dispute is that the aforesaid persons are involved in illegal trade of liquor and ganja and they used to frequently visit informant’s dera and when the same was protested, the alleged occurrence took place. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. He further submits that there is no specific overt-act against the petitioner. It is submitted that the case of present petitioner stands on better footing to that of co-accused Gaurav Kumar, who has already been granted bail by this Court vide Cr. Misc. No. 60942 of 2025. Hence, the petitioner deserves bail. Apart from that petitioner has one criminal antecedent. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, co-accused has already been granted bail by this Court, argument advanced on behalf of both sides and also taking into Patna High Court CR. MISC. No.88154 of 2025(2) dt.24-12-2025 3/3 consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Ballia (Baliya) P.S. Case No. 215 of 2025, subject to the conditions as laid down under Section 482 (2)of BNSS. 7. The application stands allowed. Nilmani/- (Alok Kumar Pandey, J) U T