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Patna High CourtCR. MISC./19119/2025bail granted

Narmdeshwar Yadav @ Nardeshwar Yadav v. The State Of Bihar

2025-04-16Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19119 of 2025 Arising Out of PS. Case No.-425 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== Narmdeshwar Yadav @ Nardeshwar Yadav, aged about 22 years, Male, Son of Ramson Yadav @ Ramsadu Yadav, Resident of Village Laloo Ka Dera, Police Station- Karnamepur (O.P.), District- Bhojpur (Ara). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jagdishpur P.S. Case No. 425 of 2024 instituted for the offences punishable under Sections 190, 191(2), 115(2), 126(2), 303(2), 304(2), 109 and 132 of the B.N.S., 2023.

3. As per the prosecution case, all the accused persons assaulted the informant and his government pistol was also snatched by the accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case merely on the basis of mere suspicion. The allegation levelled against the petitioner is

Patna High Court CR. MISC. No.19119 of 2025(2) dt.16-04-2025 2/3 totally false and fabricated. He submits that there is no any specific allegation of assault against the petitioner. He next submits that nothing has been recovered from the conscious possession of the petitioner. He next submits that there is no any eye witness who has been supported the case. He lastly submits that petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 14.12.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned 2nd Additional Sessions Judge, Bhojpur at Ara dated 04.02.2025, it appears that petitioner is named in the FIR. From perusal of the records, it also appears that on the basis of written report of the informant namely Harendra Kumar, FIR has been lodged under Sections 190, 191(2), 115(2), 126(2), 303(2), 304(2), 109 and 132 of the B.N.S., 2023 against 13 named named accused and others unknown persons including the present petitioner. It is also submitted by learned counsel for the petitioner that investigation has already been completed and chargesheet has also been submitted in this case. Similarly situated co-accused persons namely Vijendar Kumar has already been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 16529 of 2025 vide order dated 11.04.2025, so

Patna High Court CR. MISC. No.19119 of 2025(2) dt.16-04-2025 3/3 consider all these aspects of the case that similarly situated coaccused has already been granted bail, the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara/ Successor Court Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 425 of 2024.

(Ramesh Chand Malviya, J) Anand Kr.

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