Umesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24940 of 2025 Arising Out of PS. Case No.-152 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Umesh Yadav S/o Ramnath Yadav R/o Village- Sonwari, P.S.- Rajnagar, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadv, Adv.
Mr. Vinod Kumar, Adv.
Mr. Rajesh Kumar, Adv.
For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Rajnagar P.S. Case No. 152 of 2023 dated 16.06.2023 registered for the offence punishable under Sections 341, 323, 324, 307, 379, 342, 504 and 506/34 of the Indian Penal Code.
3. The prosecution case, in short, is that while the son of informant along with his five friends were going to attend a "Baraat' on motorcycle, they were intercepted by the petitioner along with Somnath Yadav and 5-6 unknown persons and thereafter they assaulted the son of the informant. On protest, the petitioner, with the intention to kill the informant's son attacked by means of dagger on his belly. When his son fell down, then co-accused, viz., Somnath
Patna High Court CR. MISC. No.24940 of 2025(3) dt.16-05-2025 2/3 Yadav again stabbed 2 to 3 times on his belly by the same dagger. The informant took away his son to PHC, Rajnagar from where he was referred to Sadar Hospital and seeing his serious condition, he was admitted to Cribs Hospital, Madhubani.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner along with Somnath Yadav inflicted knife blow on the abdomen of the informant's son. Earlier, prayer for bail of the petitioner was rejected vide order dated 23.08.2024 passed in Criminal Miscellaneous No. 60011 of 2024. It is submitted that charge has already been framed against the petitioner on 07.03.2025 under Section 307/34, 324/34, 342/34 and 379/34 of the Indian Penal Code. Lastly, it has been submitted that the petitioner is in custody since 24.05.2024, having no criminal antecedent and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds
Patna High Court CR. MISC. No.24940 of 2025(3) dt.16-05-2025 3/3 of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Sessions Judge, Madhubani in connection with Rajnagar P.S. Case No. 152 of 2023, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. 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.
(Khatim Reza, J) prabhat/- U T