Abhay Yadav @ Abhay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27490 of 2025 Arising Out of PS. Case No.-425 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== Abhay Yadav @ Abhay Kumar S/o- Manoj Yadav @ Manoj kumar singh Village- Jagdishpur Po Ps-Jagdishpur Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Malti Kumari For the Opposite Party/s :
Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Jagdishpur P.S. Case No. 425 of 2024 dated 12.12.2024 registered for the offences punishable under Sections 190, 191(2), 115(2), 126(2), 303(2), 304(2), 109 and 132 of Bhartiya Nyaya Sanhita.
3. As per the prosecution case, the informant along with police officials seized a motorcycle without any number plate. In the meantime, the accused, Abhay Yadav (petitioner) and Matendra Kumar came for the release of the said motorcycle, the informant was not ready for releasing the seized motorcycle. Thereafter, the co-accused persons went to the
Patna High Court CR. MISC. No.27490 of 2025(3) dt.13-11-2025 2/3 Champaran Meat house and along with 13-14 persons including the petitioner came and attacked the three constables and the petitioner Abhay Yadav and Matendra Yadav snatched their service pistol. It is further alleged that the co-accused persons snatched the mobile phone.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The allegation against the accused persons, Abhay Yadav (petitioner), Matendra Yadav and Neeraj Yadav is of snatching service pistol of 9 mm. Nothing has been recovered from the possession of the petitioner. There is general and omnibus allegation against the petitioner. The petitioner has no concern with the alleged occurrence. As per the supplementary affidavit filed on behalf of the petitioner, the petitioner was granted provisional bail vide order dated 12.05.2025 and after availing the provisional bail, the petitioner surrendered before the court below concerned. The co-accused has been granted regular bail by this Court vide order dated 21.03.2025 passed in Cr. Misc. No. 13976 of 2025. The petitioner has four criminal antecedents in which he is on bail in all cases as stated in para 3 of the bail petition. The petitioner is in custody since 14.12.2024.
Patna High Court CR. MISC. No.27490 of 2025(3) dt.13-11-2025 3/3
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur in connection with Jagdishpur P.S. Case No. 425 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T