Ajit Yadav @ Hitlar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39723 of 2025 Arising Out of PS. Case No.-231 Year-2024 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Ajit Yadav @ Hitlar Yadav S/O Nago Yadav R/O Village- Govindpur, P.SSahebpur Kamal, Distt.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sahebpur Kamal P.S. Case No. 231 of 2024, instituted for the offences punishable under Sections 126(2), 115(2), 109, 151(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. The prosecution case, in short, is that, the petitioner along with other co-accused persons went to the house of the informant and hurled abuse at him and on objection, the petitioner and co-accused, namely, Bipin Yadav opened fire upon the informant with an intention to kill him but the bullet did not hit the informant.
Patna High Court CR. MISC. No.39723 of 2025(2) dt.01-07-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that upon the order of co-accused, namely, Nago Yadav, the petitioner opened fire upon the informant. Both the parties are gotiyas and there is admitted land dispute between them. It is further submitted that as per order of the Court below, dated 09.04.2025 at paragraph 05, it is specifically mentioned that "there is no injury report because none sustained injury." The petitioner is in custody since 02.12.2024 and has got three criminal antecedents in which he is on bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Court
Patna High Court CR. MISC. No.39723 of 2025(2) dt.01-07-2025 3/3 below/concerned Court in connection with Sahebpur Kamal P.S. Case No. 231 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T