Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13783 of 2025 Arising Out of PS. Case No.-256 Year-2024 Thana- KONCH District- Gaya ====================================================== Sanjay Yadav S/o Mangu Yadav @ Mangru Yadav R/o Village - Kamal bigha, P.S.- Konch, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Durgesh Nandan For the Opposite Party/s:

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. This application is for grant of regular bail in connection with Konch P.S. Case No.256 of 2024, registered for the offences under Sections 302 of the Indian Penal Code read with Section 34 of the Indian Penal Code.

3. As per the F.I.R., on 13.06.2024 at 09:00 P.M., the informant's brother went to sleep in his dalan after taking meal, thereafter, at about 11:00 P.M., the informant heard the sound of two round firing and after sometime he heard the hulla that his brother has been murdered. It is further alleged that after information, when the informant reached his Dalan, he saw that his brother was sleeping on cot in his room and he was shot in his stomach and near his eye and the informant's

Patna High Court CR. MISC. No.13783 of 2025(4) dt.29-07-2025 2/3 brother died due to bullet injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been falsely implicated in the present case. He further submits that the petitioner is not named in the FIR. He has been made accused only on the basis of confessional statement of co-accused. He further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 13.05.2025 passed in Cr. Misc. No.7406 of 2025. The petitioner is in custody since 19.06.2024 and he has one criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case as well as the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court below, in connection with Konch P.S. Case No.256 of 2024, with the following condition:

(i) The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.13783 of 2025(4) dt.29-07-2025 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. This application stands allowed.

(Chandra Prakash Singh, J) shikha/- U T