Kanhaiya Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7353 of 2025 Arising Out of PS. Case No.-9 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Kanhaiya Yadav S/O Upendra Yadav Resident of village - Paliwar, P.SRajnagar, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Pradeep Narain Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Rajnagar P. S. Case No. 09/2023 in a case registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, on January 18, 2023, at about 08:00 am, co-accused Prakash Kumar Yadav, Badal Yadav, and Ganesh Yadav came at the house of informant on a motorcycle and told his son Deepak Kumar to accompany them to Rampatti. It is alleged that they took his son to the house of co-accused Santosh Ram, and due to some previous enmity, six miscreants surrounded his son and started firing indiscriminately, due to which his son was seriously injured. He
Patna High Court CR. MISC. No.7353 of 2025(3) dt.09-05-2025 2/2 was taken to Sadar Hospital, Madhubani, and later son of the informant was declared dead.
4. Learned counsel for the petitioner submits that petitioner is not named in the FIR. Name of petitioner transpired during course of investigation on the basis of confessional statement of co-accused Md. Niyaz Ahmad @ Ujale who has already been granted bail by this Hon'ble Court vide order dated 07.11.2023 passed in Cr. Misc. No. 56973 of 2023. Informant is not an eye witness of the occurrence. Petitioner is in custody since 03.10.2024.
5. Learned A.P.P. for the State vehemently opposes the bail application.
6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM-I, Madhubani in connection with Rajnagar P. S. Case No. 09/2023. (Prabhat Kumar Singh, J) Navya/- U T