Ram Pravesh Yadav @ Jahra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33376 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== 1.
Ram Pravesh Yadav @ Jahra S/O Late Bichchu Yadav R/O Village-Hiratol, Raghunathpur- Barari, Ward No.-2, Post-Rahimpur P.S.- Sahebpur Kamal, District- Begusarai, State- Bihar, PIN-851217. 2.
Setho Yadav S/O Rambadan Yadav R/O Village-Hiratol, RaghunathpurBarari, Ward No.-2, Post-Rahimpur P.S.- Sahebpur Kamal, DistrictBegusarai, State- Bihar, PIN-851217. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Jha, Adv For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-05-2025 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioners are named in the F.I.R. and apprehended their arrest in connection with Sahebpur Kamal P.S. Case No. 25 of 2025 registered for the offences punishable under Sections 191(2), 223, 352 and 109(1) of the BNS and Sections 25(1-B)(a), 26, 35 and 27 of the Arms Act.
3. As per the case of prosecution, informant
2/4 along with other police personnel were standing at Zero Mile, Golambar and saw the 8 persons over 3 different motorcycles were going towards village Hiratol from Zero Mile, Golambar and on one motorcycle out of three, one middle person was passing by shouting and waving his hand having weapon. When the police followed them one person fired on police. Any how police had caught the person who had fired upon them but rest of the accused persons managed to escape.
4. Learned counsel appearing on behalf of the petitioner submitted that allegation of firing upon police personnels is specifically available against Ravi Kumar and mere on his disclosure that petitioners were with him being co-villagers, they were implicated with the present case. It is submitted that petitioners are men of clean antecedent and further no incriminating material except suspicion arising out of disclosure of apprehended coaccused person appears available against these petitioners. While concluding the argument it is submitted
3/4 that similarly situated co-accused namely Om Kumar @ Om Prakash was granted anticipatory bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 26370 of 2025 vide order dated 01.05.2025 and, therefore, judicial discipline also demands that this petitioner be granted anticipatory bail.
5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.
6. In view of aforesaid facts and circumstances and by taking note of the fact as allegation of firing is not available against these petitioners, who are men of clean antecedent, coupled with the fact as similarly situated coaccused has already granted anticipatory bail as discussed aforesaid, accordingly both above named petitioners, in the event of their arrest or surrender before the learned Trial Court within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-
4/4 Judge-IV cum ACJM-IV, Begusarai/concerned Trial Court where the case is pending in connection with Sahebpur Kamal P.S. Case No. 25 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J.) S.Tripathi/- U T