Masudan Yadav @ Madhusudan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9351 of 2025 Arising Out of PS. Case No.-675 Year-2024 Thana- JAMUI District- Jamui ====================================================== Masudan Yadav @ Madhusudan Yadav Son of Kapil Yadav Resident of Village - Garsanda, P.S. - Jamui, District - Jamui ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Niranjan Parihar, Adv.
For the Opposite Party/s :
Mr.Arvind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Jamui P.S. Case No. 675 of 2024 dated 16.10.2024 registered for the offences punishable u/ss 118(1), 118(2), 109 read with Section 3(5) of the B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, on 14.10.2024, the informant had gone to attend Garbhu Puja north side of his village. Upon information, some occurrence has been occurred with his son, he reached home and saw that the family was crying. On asking them, they told that Pintu Yadav was shot on the road. The villagers took Pintu Yadav to Sadar Hospital, Jamui. When he reached Sadar Hospital, Jamui, the hospital staff told him that your
Patna High Court CR. MISC. No.9351 of 2025(2) dt.27-02-2025 2/3 son Pintu Yadav was referred to PMCH, Patna. When he went to the village, he came to know that Pawan Yadav of the same village were sitting on the road about 100 meters west of the village along with Pintu Yadav, Ravindra Yadav, of the same village came on his motorcycle with Madhusudhan Yadav (petitioner). Ravindra Yadav took out his pistol and fired a shot. After firing, both of them went to his son Pintu Yadav on the motorcycle and showed him the pistol from their waist, then Pawan Yadav started asking for it. Ravindra Yadav was not giving the pistol so in the scuffle between the two, the trigger of the pistol got pressed and the bullet fired due to which his son Pintu Yadav sustained bullet shot in the stomach and fell down injured. Ravindra Yadav was present at a distance of 10-20 steps from that place, they gave the pistol to him and he ran away to his house with the pistol. The bullet shell was recovered from the place of occurrence. The informant's son was treated at PMCH. Hence this case has been filed.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The occurrence took place on 14.10.2024 but the F.I.R. was lodged on 16.10.2024 and there is no explanation for this delay. There is no specific allegation against the petitioner rather the specific allegation of firing is against the co-accused, Ravindra Yadav and Pawan Yadav. The charge-sheet has already been
Patna High Court CR. MISC. No.9351 of 2025(2) dt.27-02-2025 3/3 submitted in this case against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.10.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jamui in connection with Jamui P.S. Case No. 675 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T