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Patna High CourtCR. MISC./13460/2025bail granted

Shankar Yadav v. The State Of Bihar

2025-05-12Mr. Justice Arvind Singh Chandel3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 13460 of 2025 Arising Out of PS. Case No.-456 Year-2024 Thana- KAUWAKOL District- Nawada ====================================================== Shankar Yadav Son of Dashrath Yadav Resident of Village - Karmatand, P.S.- Kawakol, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Durgesh Nandan, Adv For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. This is the first regular bail application of the petitioner seeking his regular bail in connection with Kawakol, P.S. Case No. 456/2024, registered for the offence under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 117(3), 118(2), 109, 103(1) of BNS Act.

3. In this case, the name of the deceased is Jajjad Ali. According to the case of prosecution, on 23.12.2024 at 7:30 P.M. allegedly present applicant along with other co-accused persons assaulted the deceased Jajjad Ali and Md. Eklak , Md. Abid and Md. Reyaz. All of them sustained injuries and subsequently Jajjad has died. On the basis of information given by the informant offence has been registered.

Patna High Court CR. MISC. No. 13460 of 2025(3) dt.12-05-2025 2/3

4. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case due to some previous dispute with the informant. He further submits that the main assailants are the Gautam Yadav, Satyendra Yadav and Pritvi Yadav. Against the present petitioner general allegation has been made. He is custody since 25/12/2024 and having clean antecedent. The trial is still going on, it will take some more time, therefore it is prayed that on these grounds petitioner may be granted benefit bail.

5. Learned counsel for the State opposes the arguments raised by the counsel for the petitioner and he submits that in paragraphs- 8,9,10 and 11 of the case diary the witnesses stated against the petitioner, therefore on these grounds it is prayed that the petitioner for grant of bail may be rejected.

6. Considering the above submissions made by the learned counsel for the petitioner and particularly considering the material available on record and further considering the fact that the main assailants are the Gautam Kumar, Satyendra and Pritvi, I am of the view that the present applicant should be enlarged on bail.

Patna High Court CR. MISC. No. 13460 of 2025(3) dt.12-05-2025 3/3

7. Accordingly, the application is allowed.

8. The petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Learned Judicial Magistrate- 1st Class, Nawada, in connection with Kawakol P.S. Case No. 456/2024.

(Arvind Singh Chandel , J) krishnakant/- U T