Sunil Kumar @ Sunil Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12254 of 2025 Arising Out of PS. Case No.-456 Year-2024 Thana- KAUWAKOL District- Nawada ====================================================== 1.
Sunil Kumar @ Sunil Kumar Yadav Son of Jugal yadav Resident of VillageKarmatand @ Karmataar, P.S.- Kawakole, Distt.- Nawada, Bihar 2.
Jethan Yadav Son of Jhagru Yadav Resident of Village- Karmatand @ Karmataar, P.S.- Kawakole, Distt.- Nawada, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP For the Informant :
Mr. Ram Pravesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The present case is heard along with Cr. Misc. No. 11308 of 2025.
2. Petitioners seek bail in connection with Kawakole P.S. Case No. 456 of 2024 instituted for the offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(3), 117(2), 118(2), 109, 103(1) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution story, in short, is that petitioners along with other co-accused persons assaulted the informant and his father by means of rod on his head, as a result of which, informant's father died on the spot and when the other persons tried to rescue, the accused persons also assaulted them, due to
Patna High Court CR. MISC. No.12254 of 2025(4) dt.23-06-2025 2/3 which they also sustained injuries.
4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. The specific allegation of assaulting the deceased is against Gautam Yadav, Satyendra Yadav and Prithvi Yadav. It has been submitted on behalf of the petitioners that the petitioners are in custody since 25.12.2024 and have no criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 12.05.2025 passed in Cr. Misc. No. 13460 of 2025.
5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties
Patna High Court CR. MISC. No.12254 of 2025(4) dt.23-06-2025 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Kawakole P.S. Case No. 456 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T