Thako Yadav @ Thakko Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35687 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- BIRAUL District- Darbhanga ====================================================== Thako Yadav @ Thakko Yadav Son of Jagnarayan Yadav Resident of VillSonbehta Mahmuda, P.S.- Biraul, Distt.- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Biraul P.S. Case No.52 of 2025, registered for the offences punishable under Sections 109, 103(1), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, on 05.02.2025 the accused persons including the petitioner came on a motorcycle and beat the informant with lathi and danda. In the meantime, the mother of informant came to save her son but the accused persons with intention to kill, assaulted mother of the informant. Thereafter informant took her mother to the hospital and returned back after treatment but on 12.02.2025 she died due to severe
Patna High Court CR. MISC. No.35687 of 2025(3) dt.13-08-2025 2/3 head injury.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute. Further submission is that the alleged occurrence took place on 05.02.2025 and mother of informant returned back to home but the F.I.R. has been lodged on 13.02.2025 after her death on 12.02.2025 without any explanation of delay. He further submits that similarly situated co-accused Chandrakant Yadav has already been granted bail by this Court vide order dated 06.08.2025 passed in Cr. Misc. No. 35202 of 2025. Petitioner has got no criminal antecedent and he is in custody since 12.03.2025. He also submits that the investigation of this case is completed, charge sheet has already been submitted and charge has been framed against the petitioner. There is no chance of absconding of petitioner or tampering with the evidence. The petitioner undertakes to cooperate in the trial.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional
Patna High Court CR. MISC. No.35687 of 2025(3) dt.13-08-2025 3/3 Chief Judicial Magistrate-I, Biraul, Darbhanga in connection with Biraul P.S. Case No.52 of 2025.
(Sunil Dutta Mishra, J) utkarsh/- U T