Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36036 of 2025 Arising Out of PS. Case No.-6 Year-2025 Thana- Mufassil District- Khagaria ====================================================== Chandan Yadav S/o Late Ram Deo Yadav Resident of Morkahi Kachahari Tola, P.S.- Khagaria Muffasil, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Khagaria Muffasil P.S. Case No. 6/2025 registered for the offences under Sections 126(2), 115(2), 109, 303(2), 308(3), 352, 351(2) and 351(3) of B.N.S. and Section 27 of the Arms Act.

3. As per the prosecution case, the informant has alleged that the petitioner, armed with a pistol, came onto the informant's plot and started abusing him, and thereafter fired at him. It has further been stated that the petitioner demanded a ransom of Rs. 4.5 lakhs for occupying the land. It is also alleged that Rs. 2,000/- in cash was snatched by the petitioner from the informant.

Patna High Court CR. MISC. No.36036 of 2025(2) dt.29-05-2025 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case and that there is a long-standing dispute between the parties regarding the same land. Learned counsel further submits that the petitioner even during the filing of the FIR had brought forth the injury report, however, from perusal of the same the allegations made are not corroborated by the said injury report. It is lastly submitted that the petitioner has three criminal antecedents, out of which two cases have been lodged by the informant's side, and he is on bail in all the cases and has been in custody since 13.02.2025.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account that the allegations levelled against the petitioner are not corroborated from the injury report, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Khagaria Muffasil P.S. Case No. 6/2025 subject to the conditions :-

Patna High Court CR. MISC. No.36036 of 2025(2) dt.29-05-2025 3/3 a. One of the bailors of the petitioner shall be his close relative.

b. The petitioner shall remain physically present in Court on each date of the trial.

c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned.

d. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the aforementioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) tusharika/- U T