Patna High CourtCR. MISC./31517/2025bail granted

Shambhu Yadav v. The State Of Bihar

2025-05-16Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31517 of 2025 Arising Out of PS. Case No.-72 Year-2024 Thana- MAIGRA District- Gaya ====================================================== Shambhu Yadav S/O Late Chandar Yadav Resident of- Harni Tola, Tarwadih, P.S.- Maigra, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Kumar, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 16-05-2025 Head learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Maigra P.S. Case No. 72 of 2024, registered for the offence punishable under Sections 126(2), 115(2), 118(1), 117(2), 109 and 3(5) of the B.N.S. Act and Section 25(1-B)(a), 26 and 27 of the Arms Act.

3. As per FIR, petitioner and other named accused are said to have injured the victim.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. There is no specific overt act against the petitioner rather the allegation is general and omnibus in nature. There is case and counter case between both the parties. It is lastly submitted that the petitioner

Patna High Court CR. MISC. No.31517 of 2025(2) dt.16-05-2025 2/3 has antecedent of three cases and in all cases he is on bail and he is in custody since 23.02.2025.

5. Learned APP has vehemently opposed the prayer for bail.

7. Considering the aforesaid facts and circumstances of the case and taking into account that there is no specific overt act alleged against the petitioner and he is in custody since 23.02.2025, 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 court of learned Judicial Magistrate, 1" Class, Sherghati, Gaya/concerned court, in connection with Maigra P.S. Case No. 72 of 2024 subject to the conditions that a. One of the bailors of the petitioner shall be her close relative.

b. The petitioner shall remain physically present in Court on each date of the trial.

c In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioner in similar nature of offence, the bail bond of the petitioner will be liable to be canceled

Patna High Court CR. MISC. No.31517 of 2025(2) dt.16-05-2025 3/3 by the Court concerned.

d 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 abovementioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) Prakash/- U