Raju Yadav @ Raj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29589 of 2026 Arising Out of PS. Case No.-22 Year-2025 Thana- ALAMNAGAR District- Madhepura ====================================================== Raju Yadav @ Raj Kumar Yadav S/o Late Ramchandra Yadav R/o - Mohanpur Chaumukh, P.S - Bihariganj, District - Madhepura ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Dr Sanjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Prem Kumar Jha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 18.03.2025 in connection with Alamnagar P.S. Case No. 22 of 2025 for the offence punishable under Section 309(6) of the BNS and Section 27 of the Arms Act.
3. The case of the prosecution, in brief is that on 16.01.2025 at about 06:30 pm, when the informant and his cousin brother was returning from Maraut fair over his motorcycle and reached at Itahari School Alamnagar we have been overtaken by three unknown person and stopped him and started abusing and stabbing with knife in which the brother of informant's jacket got torned and also fired upon the informant and his brother and injured the shoulder of his brother and fled away along with the motorcycle.
4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and the name of the petitioner has transpired on the basis of confessional statement of co-
Patna High Court CR. MISC. No.29589 of 2026(2) dt.04-05-2026 2/3 accused person, namely, Om Kumar and except the aforesaid, nothing has come during investigation to suggest the involvement of the petitioner in the present occurrence and till date no TIP has been conducted of the prosecution. It is next submitted that nothing has been recovered from the conscious possession of the petitioner and the co-accused person who has confessed the name of the petitioner, namely, Om Kumar has been granted bail vide order dated 19.11.2025 passed in Cr. Misc. No. 51927 of 2025. It is next submitted that police after investigation has submitted charge-sheet and petitioner is in custody since 18.03.2025.
5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner and submits that petitioner has antecedent of eighteen cases other than the present case but fairly submits that petitioner is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Judicial Magistrate, 1st Class, Udakishunganj in connection with Alamnagar P.S. Case No. 22 of 2025, subject to the following
Patna High Court CR. MISC. No.29589 of 2026(2) dt.04-05-2026 3/3 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) Gaurav Sinha/- U T