Jogindra Yadav @ Yogendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38827 of 2025 Arising Out of PS. Case No.-390 Year-2024 Thana- PARAIYA District- Gaya ====================================================== Jogindra Yadav @ Yogendra Yadav S/o Barat Yadav @ Rambrat Yadav Resident of Village- Bagahi Tola, Bankepur, PS- Paraiya, Distt.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Ranjan Kumar, Adv.
For the Opposite Party/s :
Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Paraiya P.S. Case No. 390 of 2024 instituted for the offences under Sections 126(2), 115(2), 109, 117(2), 352 and 351(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per prosecution case, all the accused persons named in the F.I.R. entered into the Informant's house and started beating the Informant and his family members with stick in which several persons of the informant's side sustained injuries. It is alleged that the injured Feku Yadav died in course of his treatment.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case
Patna High Court CR. MISC. No.38827 of 2025(3) dt.14-07-2025 2/3 due to village politics. The petitioner has not committed any offence as alleged in the F.I.R. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. Both the parties are covillages and next door neighbour. The petitioner has got one criminal antecedent in which he is on bail and are languishing in judicial custody since 04.11.2024 without any rhymes or reason. He further submits that the co-accused Kaushmi Devi and Samod Yadav have already been granted bail by this Court vide order dated 24.06.2025 passed by this Court in Cr. Misc. No. 18136 of 2025.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners, stating that the offence alleged against the petitioner is serious in nature. The postmortem report supports the prosecution case. All the witnesses in their statements supported the case of the prosecution. The Investigating Officer, after completion of investigation, has submitted under Sections 126(2), 115(2), 109, 117(2), 352 and 351(2), 3(5) and subsequently added Section 103 of the Bhartiya Nyaya Sanhita, 2023. The petitioner bears one criminal antecedent each and, hence, he does not deserve bail.
Patna High Court CR. MISC. No.38827 of 2025(3) dt.14-07-2025 3/3
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Paraiya P.S. Case No. 390 of 2024, subject to the following conditions;
(i) One of the bailor(s) shall be the own/close family members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(Rudra Prakash Mishra, J) rishi/- U T