Maheshwari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33920 of 2025 Arising Out of PS. Case No.-124 Year-2024 Thana- TRIVENIGANJ District- Supaul ====================================================== Maheshwari Yadav S/O Late Gosay Yadav R/o Village- Lalpatti, PsTriveniganj, District- Supaul ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Murari Narain Chaudhary, Advocate For the Opposite Party/s :

Ms.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-07-2025 Heard Mr.Murari Narain Chaudhary, learned counsel for the petitioner and Ms.Shaheen Begum, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 03.03.2025 in connection with Triveniganj P.S. Case No. 124 of 2024, F.I.R. dated 22.03.2024 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegation against the petitioner is that he fired upon the informant's wife, who died on spot and informant somehow save his life by running and hiding in wheat field.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has

Patna High Court CR. MISC. No.33920 of 2025(3) dt.11-07-2025 2/3 falsely been implicated in the present case. As per allegation in the FIR, the petitioner has fired upon the informant's wife, who died on spot. Learned counsel for the petitioner submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. In fact the informant is agnate of the petitioner and due to some previous dispute the petitioner has falsely been implicated in the present case and apart from that, similarly situated co-accused persons, namely, Sanjay Kumar @ Sanjay Yadav have been granted privilege of anticipatory bail by this Court vide order dated 29.01.2025 passed in Cr. Misc. No.72708 of 2024.

5. Learned APP for the State, on the other hand, on the basis of the material available on the record, has vehemently opposed the prayer for bail of the petitioner and submits that it appears from the FIR that there is direct and specific allegation against the petitioner that he has fired upon the deceased and apart from that, postmortem report also suggests that the allegation as alleged in the FIR is correct.

6. Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Triveniganj P.S. Case No. 124 of 2024

Patna High Court CR. MISC. No.33920 of 2025(3) dt.11-07-2025 3/3 pending in the court of learned A.C.J.M.-1st , Supaul.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T