Dipu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13679 of 2025 Arising Out of PS. Case No.-277 Year-2024 Thana- GOPALPUR District- Gopalganj ====================================================== Girja Devi Wife of Yogendra Yadav Resident of Village - Gopalpur, P.S.- Gopalpur, District - Gopalganj, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21658 of 2025 Arising Out of PS. Case No.-277 Year-2024 Thana- GOPALPUR District- Gopalganj ====================================================== Dipu Yadav Son of Santosh Yadav Resident of Village - Derwa, P.S.- Gopalpur, District - Gopalganj, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 13679 of 2025) For the Petitioner/s :
Mr.Indrajeet Bhushan, Adv.
For the Opposite Party/s :
Mr.Nand Kishore Prasad, APP For the Informant :
Mr. Satyendra Rai, Adv.
(In CRIMINAL MISCELLANEOUS No. 21658 of 2025) For the Petitioner/s :
Mr.Indrajeet Bhushan, Adv.
For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner as well as the counsel appearing for the respondent-State.
2. Both the applications are preferred by the petitioners for their first regular bail who have been arrested in connection with Gopalpur P.S. Case No. 277 of 2024 for the alleged offences punishable under Section 190, 103(1) and 81(2) of the Bharatiya
Patna High Court CR. MISC. No.13679 of 2025(3) dt.09-05-2025 2/3 Nyaya Sanhita are being decided by this common order.
3. According to the case of prosecution, on the date of incident i.e. 12.11.2024 the informant Mukesh Kumar Yadav brother of the deceased Brajesh Yadav lodged a report alleging therein that on 12.11.2024 at around 06:00 P.M both the petitioners herein and other co-accused persons assaulted the deceased Brajesh Yadav with the help of knife and other weapons due to that he sustained injuries and died. On the basis of the information given by the informant offence was registered. During the course of investigation both the applicants have been arrested on 13.11.2024 and since, then they are in custody.
4. It is submitted by the counsel for the petitioner that the petitioners herein are innocent and are falsely implicated in this case due to some previous dispute with the complainant. The allegation of assault on Brajesh Yadav with the help of knife is against Dipu Yadav S/o Yogendra Yadav and Pintu Yadav. There is nothing in the FIR against the present applicants which shows that they were the persons who also assaulted the deceased. He further submits that both the applicants are in custody since 13.11.2024. The charge-sheet has already been filed, trial will take some time. Therefore, on these grounds, it is prayed that they may be granted benefit of bail.
5. Learned counsel appearing on behalf of respondentState opposes the prayer of bail.
6. Considering the submission made by the counsels and
Patna High Court CR. MISC. No.13679 of 2025(3) dt.09-05-2025 3/3 particularly considering the material available on record and further considering the fact that the main allegation is against Dipu Yadav and Pintu Yadav, I am of the view that in this case, the present applicants should be granted the benefit of bail. Accordingly, the petitions are allowed. The petitioners are directed to be released on bail in connection with Gopalpur P.S. Case No. 277 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties, to the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gopalganj.
(Arvind Singh Chandel , J) Siddharth Soni/- U T