Madhusudan Yadav @ Masudan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14982 of 2025 Arising Out of PS. Case No.-767 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Madhusudan Yadav @ Masudan Yadav Son of Late Dasrath Yadav Resident of Village- Raghunathpur, P.s.- Sahebpur Kamal, Distt.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajkumar Rajesh, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 767 of 2022, instituted for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. Earlier, vide order dated 23.08.2023 passed in Cr. Misc. No. 43903 of 2023, the petitioner was granted anticipatory bail by a Co-ordinate Bench of this Court with a condition that one of the bailors shall be the father of the petitioner but since the father of the petitioner had already died prior to filing of the anticipatory bail, he could not furnish the
Patna High Court CR. MISC. No.14982 of 2025(2) dt.28-03-2025 2/3 bail bonds. Thereafter, the petitioner filed a modification application for modifying the said condition in the aforesaid order, but the same was rejected vide order dated 10.11.2023 passed in Cr. Misc. No. 76259 of 2023. Therefore, the petitioner has preferred the present application for grant of regular bail.
4. The prosecution case, in short, is that, various arms and ammunition were recovered from the car of co-accused, Ajeet Kumar who was apprehended on spot by the police.
5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not present at the place of occurrence. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Ajeet Kumar and the same has got no evidentiary value. No recovery of arms have been made from the possession of the petitioner. The petitioner is in custody since 06.12.2024 and has got three criminal antecedents in which he is on bail.
6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
Patna High Court CR. MISC. No.14982 of 2025(2) dt.28-03-2025 3/3
7. 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.
8. 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 below/concerned Court in connection with Begusarai Town P.S. Case No. 767 of 2022.
(Rudra Prakash Mishra, J) Rajorshi/- U T