Ashuram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37760 of 2025 Arising Out of PS. Case No.-460 Year-2024 Thana- HUSSAINGANJ District- Siwan ====================================================== Ashuram Yadav S/O Late Saral Yadav R/O Vill- Sahuli Tola, Faldudhiya, P.S.- Hussainganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Mishra, Adv.

Mrs. Pragati Singh, Adv.

Mr. Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-09-2025 Heard Mr. Awadhesh Kumar Mishra, learned counsel for the petitioner and Mr. Binod Kumar No. 3, learned APP for the State.

2. The petitioner has prayed for bail in connection with Hussainganj P.S. Case No. 460 of 2024 registered for the offence punishable under Sections 103 and 61(2) of the B.N.S., 2023.

3. The case of the prosecution is that one Jitendra Yadav was killed by some unknown persons, and the FIR was lodged against unknown persons.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner has submitted that during the course of investigation, the petitioner gave his confessional statement, and

Patna High Court CR. MISC. No.37760 of 2025(4) dt.02-09-2025 2/2 in his statement, he has confessed his guilt. He also submits that in this case, there is nothing save and except the confessional statement, which was made before police and the same is not admissible. There is no eye-witness to the said occurrence. He further submits that one Aarti Devi was forced to give a statement and she has filed an Infirmatory petition before the S.D.J.M., which is annexed as Annexure-P/3. Petitioner is languishing in judicial custody since 18.03.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedents of six cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Incharge Judge, Siwan in connection with Hussainganj P.S. Case No. 460 of 2024.

(Ashok Kumar Pandey, J) Sudhanshu/- U T