Dilip Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33408 of 2025 Arising Out of PS. Case No.-428 Year-2024 Thana- GOGRI District- Khagaria ====================================================== 1.
Dilip Yadav S/o Late Jagdambi Yadav R/o Village- Ratan, P.S.- Gogari, District- Khagaria 2.
Ranjit Yadav S/o Late Jagdambi Yadav R/o Village- Ratan, P.S.- Gogari, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priyanshu Ranjan, Adv.
For the Opposite Party/s :
Mr. Zainul Abedin, APP For the Informant :
Mr. Ranjeet Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioners, learned A.P.P for the State and learned counsel for the informant.
2. The petitioners seek bail in connection with Gogari P.S. Case No. 428 of 2024 dated 30.11.2024 registered for the offence punishable under Sections 126(2), 109, 352, 351(2), 191(2), 191(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. The prosecution case, in short, is that the informant alleged that his brother was coming home after selling milk when the accused persons surrounded him and one Sujeet Yadav @ Sujeet Kumar Yadav opened fire causing injury on the back of his brother.
Patna High Court CR. MISC. No.33408 of 2025(3) dt.06-08-2025 2/3
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. It is also submitted that there is specific allegation of firing by Sujeet Yadav upon brother of the informant. It is submitted that there is no specific allegation against the petitioners and others. It is submitted that co-accused, namely, Amar Kumar Yadav @ Amar Yadav, who is also named in the F.I.R. has been granted anticipatory bail vide Criminal Miscellaneous No. 25241 of 2025 by a co-ordinate Bench of this Court. The petitioners are in custody since 11.03.2025, having no criminal antecedent and charge-sheet has been submitted in the case but in the impugned order it is mentioned that the petitioners have got one criminal antecedent which is error of the record. In paragraph no.
21 of the case dairy, there is specific statement regarding criminal antecedent of other co-accused persons and the petitioners have no criminal antecedent mentioned in the said paragraph. Gogari P.S. Case No. 178 of 2024 has been lodged only against co-accused Amar Kumar Yadav @ Amar Yadav and Sujeet Yadav @ Sujeet Kumar.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the
Patna High Court CR. MISC. No.33408 of 2025(3) dt.06-08-2025 3/3 case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Gogari P.S. Case No. 428 of 2024.
(Khatim Reza, J) prabhat/- U T