Badal Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34088 of 2025 Arising Out of PS. Case No.-170 Year-2023 Thana- SHAMBHUGANJ District- Banka ====================================================== Badal Kumar Yadav S/O Dhananjay Yadav @ Dhananjay Kumar Resident of village- Shankarpur, PS- Muffasil, District- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indu Bhushan, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-08-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of regular bail to the petitioner who is in custody in connection with S.T. No.65 of 2024, arising out of Shambhuganj P.S. Case No. 170 of 2023, under Sections 341/323/379/307/504/506/34/302 of the Indian Penal Code.
3. Learned Counsel for the petitioner submits that earlier bail application of the petitioner was rejected vide order dated 22.02.2024 passed in Cr. Misc. No.11173 of 2024.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.34088 of 2025(3) dt.01-08-2025 2/2 submits that petitioner has unnecessarily been made accused in this case only due to the reason that he is friend of the deceased. He further submits that report has been called for.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is direct allegation against the petitioner to fire gun shot on the stomach of the deceased due to which he died. He submits that report has been called for.
6. From the report it transpires that out of ten charge sheet witnesses, three have been examined and there is likelihood of conclusion of the trial within a year.
7. In this background, this Court is not inclined to grant bail to the petitioner. Hence, the prayer for bail of the petitioner is hereby rejected.
(Dr. Anshuman, J) Mkr./- U