Devendra Yadav@Devendra Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7130 of 2025 Arising Out of PS. Case No.-129 Year-2024 Thana- ANDHRAMATH District- Madhubani ====================================================== Devendra Yadav @ Devendra Kumar Yadav, Son of Pawan Yadav @ Pawan Kumar Yadav, Resident of Village - Chhatapur, P.S. - Andhramath, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hriday Narayan Harshit, Advocate For the Opposite Party/s :
Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Andhramath P.S. Case No. 129 of 2024, registered for the offences under Sections 126 (2), 132, 121 (2), 115 (2), 118 (1), 109, 352, 3 (5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and other co-accused persons surrounded the informant, who is chaukidar, and hurling abuses assaulted him with electric wire and coaccused Ramesh Sharma also fired upon him. They also tried to run the informant over the motorcycle.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.7130 of 2025(2) dt.19-02-2025 2/3 petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The informant and the petitioner are co-villagers and due to previous enmity, the petitioner has been falsely implicated in this case. The injury report of the informant has been procured and no such injury was caused to him. Moreover, the injuries are simple in nature. The petitioner is having criminal antecedent of five cases and he is on bail in all such cases. The petitioner is in custody since 09.08.2024 and charge sheet has been submitted.
5. Learned A.P.P. opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the superficial nature of injuries and further considering the nature of allegation, submission of charge sheet and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani, in connection with Andhramath P.S. Case No. 129 of 2024, subject to the condition laid down under Section 437(3) of the code of Criminal Procedure and other
Patna High Court CR. MISC. No.7130 of 2025(2) dt.19-02-2025 3/3 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 below, if so required by the learned trial court.
(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) V.K.Pandey/- U T