Chandan Yadav @ Chandan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32959 of 2025 Arising Out of PS. Case No.-278 Year-2024 Thana- KASIMBAZAR District- Munger ====================================================== Chandan Yadav @ Chandan Kumar Yadav S/o- Nageshwar Yadav @ Nageshwar Prasad Yadav Village-Herudiyara PS- Kasim Bazar, Dist- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Puja Kumari, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No.1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103 (1) and 3 (5) of the Bhartiya Nyay Sanhita, 2023.
3. The prosecution case, as disclosed in the first information report, is that one Samrat Yadav, who is the son of the informant, was called by one Dilip Yadav and Badshah Yadav in the night and the deceased did not return. Subsequently, the informant found the dead body of her son with marks of assault on his head. Cause of the occurrence has been stated in the first information report as a dispute with the said Dilip Yadav and Badshah Yadav with regard to blocking of the bridge for which they had threatened the deceased.
Patna High Court CR. MISC. No.32959 of 2025(2) dt.22-05-2025 2/3
4. It is submitted by learned counsel for the petitioner that a perusal of the first information report would show that there is no eye witness to the occurrence and the allegation of calling the deceased in the night is upon two other accused persons, who have been named in the F.I.R., and enmity angle also with respect to them. So far as the petitioner is concerned, he is not named in the F.I.R. and, subsequently, during the course of investigation, one Nitish Kumar has taken the name of the petitioner in his confessional statement, which has no evidentiary value in the eye of law. Except the confessional statement of Nitish Kumar, there is no other material to connect the petitioner in this case. It is further submitted that petitioner is 80% disabled and a certificate with respect to the same has also been brought on record by way of Annexure-2 to this petition. The petitioner has no criminal antecedent and has been languishing in custody since 05.12.2024.
5. Learned APP for the State opposed the bail petition.
6. Taking into consideration the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.32959 of 2025(2) dt.22-05-2025 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kasim Bazar P.S. Case No.278 of 2024.
(Soni Shrivastava, J) Trivedi/- U T