Binod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29453 of 2025 Arising Out of PS. Case No.-475 Year-2024 Thana- RAJAON District- Banka ====================================================== 1 .
Binod Yadav S/o- Vishan Yadav Village- Hayadih Majhaulia PS- Rajoun, Dist- Banka 2.
Subodh Yadav S/o- Vishan Yadav Village- Hayadih Majhaulia PS- Rajoun, Dist- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2025 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehends arrest in a case registered for the offence punishable under sections 109 and 103 (1) of BNS and 27 of Arms Act.
3 . As per the prosecution case , on the alleged date and time of occurrence , these petitioners along with other coaccused persons are alleged to have shot dead the father of informant.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case . Only suspicion has been raised against these petitioners.
Patna High Court CR. MISC. No.29453 of 2025(3) dt.22-07-2025 2/2 There is 5 days delay in lodging the F.I.R. for which there is no plausible explanation . Informant is not any eye witness to the alleged occurrence . There is no direct or indirect material came against these petitioners to show their complicity in the aforesaid occurrence .
5 . Learned counsel for the State opposed the prayer for bail and submitted that during investigation deceased has categorically stated that it was these petitioners who caught and fired in the right side of forehead ( right lateral wall ) of the deceased. In the Post mortem report, doctor has also found the cause of death due to gun shot injury .
6. Considering the nature of accusation and gravity of offence , prayer for pre-arrest bail of the petitioners is rejected. (Prabhat Kumar Singh, J) Koushik/- U T