Shanker Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6767 of 2025 Arising Out of PS. Case No.-456 Year-2024 Thana- RAHUI District- Nalanda ====================================================== Shanker Yadav S/O Ram Briksh Yadav R/O- Kayampur, P.S- Rahui, DistritcNalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Rahui P.S. Case No. 456 of 2024, instituted for the offences punishable under Sections 190, 191(2), 191(3), 126(2), 115(2), 109, 118(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. The prosecution case, in short, is that, the petitioner along with other co-accused persons armed with deadly weapons assaulted and fired upon the informant and Ram Balak Yadav due to which they sustained injuries.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.6767 of 2025(2) dt.15-02-2025 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is general and omnibus in nature. No specific allegation of assault has been attributed against the petitioner. It is further submitted that the injuries sustained by the informant and Ram Balak Yadav are simple in nature. The petitioner is in custody since 27.09.2024 and has got three criminal antecedents in which he is on bail in two cases.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rahui P.S. Case No. 456 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of
Patna High Court CR. MISC. No.6767 of 2025(2) dt.15-02-2025 3/3 the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T