Bhola Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6593 of 2026 Arising Out of PS. Case No.-215 Year-2024 Thana- SHANKARPUR District- Madhepura ====================================================== Bhola Yadav S/O Late Bhumi Yadav R/O Village- Machhaha, Ward No. 2, P.S.- Shankarpur, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Advocate Mr. Deepak Kumar Singh, Advocate Mr. Pravin Kumar, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Session Trial No. 181 of 2025 arising out of Shankarpur P.S. Case No. 215 of 2024 registered for the alleged offences under Sections 317(4), 317(5), 308(5), 303(2) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-B)a, 26, 35 of the Arms Act.

03. As per prosecution case, during investigation of Shankarpur P.S. Case No. 209 of 2024, a raid was conducted on the house of this petitioner. The petitioner was found absconding from his house and on search of a thatched hut where dung cakeswere kept, a country made musket, iron sword and a number of building construction materials, stated to be

Patna High Court CR. MISC. No.6593 of 2026(2) dt.04-02-2026 2/3 forcibly brought case property of Shankarpur P.S. Case No. 209 of 2024, were recovered.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The recovered articles are planted and nothing incriminating has been recovered from the possession of this petitioner. Due to his criminal antecedent, the petitioner has been falsely implicated in a number of cases including the present one. The construction materials were purchased by the petitioner and the same was also seized by the police. In Shankarpur P.S. Case No. 209 of 2024, the petitioner was granted bail by this Court vide order dated 06.01.2026 passed in Criminal Misc. No. 69596 of 2025. The petitioner is in custody since 09.05.2025 and charges were framed against him on 17.12.2025. The petitioner undertakes to co-operate in the trial.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and framing of charge against him, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with

Patna High Court CR. MISC. No.6593 of 2026(2) dt.04-02-2026 3/3 two sureties of the like amount each to the satisfaction of learned Additonal Sessions Judge-II, Madhepura/court concerned in connection with Session Trial No. 181 of 2025 arising out of Shankarpur P.S. Case No. 215 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T