Dilip Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13597 of 2025 Arising Out of PS. Case No.-456 Year-2024 Thana- KAUWAKOL District- Nawada ====================================================== Dilip Yadav S/o- Vishnu Yadav Resident Of Village- Karmatad Ps- Kawakol District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP For the Informant :

Mr. Vibhakar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Kawakol P.S. Case No. 456 of 2024, instituted for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 117(3), 118(2), 109 and 103(1) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons assaulted the informant and his father by means of iron rod, as a result of which, father of informant died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.13597 of 2025(4) dt.27-06-2025 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is general and omnibus in nature. No specific allegation of assault has been attributed against the petitioner, rather specific allegation of assault is levelled against coaccused, namely, Prithvi and Satyendra. The petitioner is in custody since 25.12.2024 and has got one criminal antecedent in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted regular bail by this Court vide order dated 23.06.2025 passed in Cr. Misc. No. 11308 of 2025.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.13597 of 2025(4) dt.27-06-2025 3/3 below/concerned Court in connection with Kawakol P.S. Case No. 456 of 2024.

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