Sanjay Yadav @ Sanjay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36021 of 2025 Arising Out of PS. Case No.-246 Year-2024 Thana- BHARGAMA District- Araria ====================================================== Sanjay Yadav @ Sanjay Kumar Yadav S/o Bhupendra Yadav @ Bhaiyalal Yadav R/o Village- Pothiya Gamhariya Tola Paikpaar Ward No. 7, P.S.- Bhargama, District- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bhargama P.S. Case No. 246 of 2024 dated 30.01.2025 registered for the offences punishable u/s 191(2), 191(3), 190, 109, 103(1), 331(4), 305, 76, 61(2) of B.N.S. and 27 of Arms Act.

3. As per the prosecution case, that petitioner along with co-accused persons and 25-30 unknown persons armed with various weapons, seated on the motorcycle, petitioner fired a bullet from the double barrel gun in his hand which hit informant's mother's right arm due to which she got injured. Later the other accused persons entered the house and committed loot by breaking trunk and valuable articles, papers

Patna High Court CR. MISC. No.36021 of 2025(2) dt.23-06-2025 2/3 related to land and utensils, gold and silver jewellery worth Rs. 5,11,000 and Rs. 2, 32,000/- cash. The co-accused persons further tore the cloth of informant's wife. Later co-accused fired on the informant with the intention to kill.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. It is alleged that petitioner fired which hit the mother of the informant but the true fact is that the mother of the informant got no firearm injury or any injury. It is further evident that there is no allegation of theft and loot against the petitioner. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 03.03.2025

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.36021 of 2025(2) dt.23-06-2025 3/3 the like amount each to the satisfaction of learned Court concerned, in connection with Bhargama P.S. Case No. 246 of 2024, with the condition/s:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. This application is allowed.

(Chandra Prakash Singh, J) Raj Ranjan/- U T