Kampani Yadav @ Kampni Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5279 of 2025 Arising Out of PS. Case No.-100 Year-2020 Thana- ISMAILPUR District- Bhagalpur ====================================================== Kampani Yadav @ Kampni Yadav Son of Gautam Yadav Resident of Village - Kamlakund, P.S. - Ismailpur, District - Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-01-2025 Heard the parties.

2. The petitioner seeks bail in connection with Ismailpur P.S. Case No. 100 of 2020 registered for the offence under Sections 147, 148, 149, 307 of the I.P.C. and Section 27 of the Arms Act.

3. The petitioner is named in the F.I.R. and is in custody since 10.11.2024.

4. The allegation against the petitioner is to open indiscriminate firing alongwith other named co-accused persons causing firearm injury to informant/injured having intention to cause his death, where occurrence is alleged to be arising out of long standing land dispute.

Patna High Court CR. MISC. No.5279 of 2025(2) dt.31-01-2025 2/3

5. Learned counsel appearing on behalf of the petitioner submitted that allegation of firing is appearing very general and omnibus against this petitioner, where during course of occurrence, informant received simple injury. It is submitted that after investigation police submitted final form against this petitioner and didn't sent up him for facing trial but ld. trial court by taking a different view took cognizance against this petitioner. It is submitted that the similarly situated co-accused, namely, Manoj Yadav @ Manoj Kumar Yadav has been granted bail through Cr. Misc. No. 33759 of 2023 vide order dated 24.06.2023. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. In view of aforesaid factual submission and by taking note of nature of injury and allegations regarding

Patna High Court CR. MISC. No.5279 of 2025(2) dt.31-01-2025 3/3 firing which appears prima-facie very general and omnibus in nature, coupled with fact that police after investigation submitted final form against this petitioner, who is in custody since 10.11.2024, accordingly petitioner above named, is directed to be released on bail in connection with Ismailpur P.S. Case No. 100 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge, 1st Naugachia, Bhagalpur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T