Kiro Yadav @ Akhilesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20028 of 2025 Arising Out of PS. Case No.-126 Year-2024 Thana- PARBATTA District- Bhagalpur ====================================================== Kiro Yadav @ Akhilesh Yadav Son of Late Paro Yadav R/o Village-Choti Prabatta, P.S-Ismailpur, District-Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Jha, Advocate For the State :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-06-2025 Heard Mr. Manoj Kumar Jha, learned counsel for the petitioner and Mr. Uday Pratap Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Parbatta P.S. Case No. 126 of 2024, F.I.R. dated 25.07.2024 for the offences punishable under Sections 103(1) of the B.N.S., 2023.
3. According to prosecution case, the informant's son had gone outside the house with his motorcycle along with his friend, but did not return. On search, his dead body was found. Informant told that his son used to talk with accused Komal Kumari and raised suspicion that his son was killed due to Komal Kumari.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.20028 of 2025(3) dt.16-06-2025 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the FIR, his name transpired during the investigation on the basis of suspicion. Except the suspicion, no cogent material has come during investigation which suggests the involvement of the petitioner in the present case. He further submits that no one has seen the petitioner in the present occurrence.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent and no cogent material has come during the investigation which suggest involvement of the petitioner in the present case, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned A.C.J.M.- III, Naugachia in connection with Parbatta P.S. Case No. 126 of 2024, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.20028 of 2025(3) dt.16-06-2025 3/3 438(2) of the Code of Criminal Procedure/ 482 (2) of the BNSS, 2023 and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) priyanka/- U T