Bilash Yadav @ Ram Bilash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17010 of 2025 Arising Out of PS. Case No.-365 Year-2024 Thana- SULTANGANJ District- Bhagalpur ====================================================== 1.
Bilash Yadav @ Ram Bilash Yadav 2.
Girish Kumar @ Girish Yadav Both 1 and 2 are Sons of Late Surati Lal 3.
Mahesh Yadav Son of Late Kailu Yadav All resident of Village - Tilakpur, P.S. - Sultanganj, District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sadanand Paswan, Advocate For the Opposite Party/s :
Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-04-2025 Heard learned counsel appearing on behalf of the petitioners and the learned APP for the State.
2. Petitioners seek pre-arrest bail in connection with Sultanganj P.S.Case No.365 of 2024 registered for the offences punishable under Sections 190, 191(2), 193(3), 130(1), 61(2) of BNS and Section 27 of the Arms Act.
3. As per the allegation made in the FIR, the petitioners along with the other co-accused (altogether 13 in number) committed brutal murder of the father of the informant.
4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and general and omnibus allegation has been levelled against the
Patna High Court CR. MISC. No.17010 of 2025(2) dt.16-04-2025 2/3 petitioners. The postmortem report reveals that there is only one fire arm injury, which took the life of the father of the informant. The father of the informant was a dreaded criminal and having criminal antecedent of serious nature. The allegation of fire arm injury is not attributed to the petitioners. As such, the petitioners deserve to be released on pre-arrest bail..
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
6. Having considered the rival submissions made on behalf of the parties and considering the nature of allegation made in the FIR, as well as, from perusal of the postmortem report of the deceased,it appears that there is only one fire arm injury. The deceased was a veteran criminal and his death took place in the Hospital in course of his treatment. The allegation being general and omnibus in nature against the petitioners. A single injury has been sustained by the deceased and the allegation of firing is not attributed to the petitioners. The petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.17010 of 2025(2) dt.16-04-2025 3/3 ACJM I, Bhagalpur/concerned court, in connection with Sultanganj P.S.Case No.365 of 2024, subject to conditions as laid down under Section 482(2) of BNSS of 2023
7. The learned district court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) chn/- U