Rahul Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7109 of 2025 Arising Out of PS. Case No.-713 Year-2024 Thana- SIKARPUR District- West Champaran ====================================================== Rahul Kumar Yadav S/o Surendra Yadav R/o vill - Juda Pakadi, P.S. - Ramnagar, Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in connection with Shikarpur P.S. Case No. 713 of 2024 instituted for the offences under Section 309(5) of Bharatiya Nyaya Sanhita and Section 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, the accusation against the three accused persons including the petitioner is of stopping the motorcycle of the Informant, taking out the weapon and knife from the waist and pointing the same on the Informant.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.7109 of 2025(2) dt.15-02-2025 2/3 the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. The petitioner was not apprehended on the spot. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The alleged recovery of weapon and dagger are alleged to have been recovered from the coaccused Vivek Srivastava and Raja Kumar. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 09.10.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent,

Patna High Court CR. MISC. No.7109 of 2025(2) dt.15-02-2025 3/3 let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shikarpur P.S. Case No. 713 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T