Bhupendra Yadav @ Bhaiyalal Yadav @ Bhaiyalal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6918 of 2025 Arising Out of PS. Case No.-246 Year-2024 Thana- BHARGAMA District- Araria ====================================================== Bhupendra Yadav @ Bhaiyalal Yadav @ Bhaiyalal S/O Late Bachchalal Yadav R/O Vill.- Pothiya Tola, Ward no. 7, P.S.- Bhargama, Dist.- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhir Kumar, Advocate For the Opposite Party/s :
Mr.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Bhargama P.S. Case No. 246 of 2024 registered for the offence punishable under Sections 191(2), 191(3), 190, 109, 103(1), 331(4), 305, 76, 61(2) of the B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution is that the 10 accused persons including the petitioner and 25 to 30 unknown being armed with weapon surrounded the house of the informant. It is alleged that Sajay Yadav fired with a double barrel gun at the mother of the informant which hit in the right hand. It is further alleged that Ajay Yadav and Vijay Yadav fired at Parmanand Yadav who died at the spot. The main thrust of allegation is against Ajay Yadav and Vijay Yadav. It is further alleged that the accused persons entered in the house of the informant and took
Patna High Court CR. MISC. No.6918 of 2025(2) dt.28-02-2025 2/2 away valuables. Hence, the FIR.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. The nature of allegation is general and omnibus. There is no allegation of any specific overt act against the petitioner. It is further submitted coaccused persons has since been extended the privilege of bail vide order dated 24.02.2025 passed in Cr. Misc. No. 79217 of 2024. He is languishing in judicial custody since 23.08.2024.
5. The application for bail is opposed by learned APP for the State stating that the petitioner has one criminal antecedent in which he is on bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Araria in connection with Bhargama P.S. Case No. 246 of 2024.
(Ashok Kumar Pandey, J) Jagdish/- U T