Sargun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11184 of 2025 Arising Out of PS. Case No.-64 Year-2024 Thana- DHANKUND District- Banka ====================================================== 1.

Sargun Yadav Son of Late Bhujangi Yadav Resident of Village- Pachrukhi, PS- Dhankund, District -Banka 2.

Arbind Yadav @ Arvind Kumar Son of Prakash Yadav Resident of VillagePachrukhi, PS- Dhankund, District -Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 08-07-2025 Heard learned Counsel for the petitioners and learned A.P.P for the State.

2. The petitioners seek regular bail in connection with Dhankund P.S. Case No. 64 of 2024 registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code.

3. As per the prosecution case, it has been alleged that the named accused persons including the petitioners had committed murder of the husband of the informant.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case along with other named accused persons. It has further

Patna High Court CR. MISC. No.11184 of 2025(4) dt.08-07-2025 2/3 been submitted that there is no specific allegation alleged against the petitioners. It was general and omnibus in nature and it was merely on suspicion that the name of the petitioners has come in the present case. It is lastly submitted that the petitioners have got one criminal antecedent. Petitioner no.1 is in custody since 26.06.2024 and petitioner no.2 is in custody since 28.10.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that the petitioners are accused of murdering the husband of the informant. Hence, they do not deserve the liberty of bail.

6. Considering the aforesaid submissions of the parties and taking into account the fact that similarly situated co-accused, namely, Rudal Yadav has been enlarged on bail by this Hon'ble Court, let the petitioners above-named, be enlarged on bail on each of them furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Dhankund P.S. Case No. of 64 of 2024, subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and

Patna High Court CR. MISC. No.11184 of 2025(4) dt.08-07-2025 3/3 every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be canceled by the Court concerned.

(iv) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.

7. The application stands allowed.

(Sourendra Pandey, J) Anushka/- U T