Mohit Yadav @ Mohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39276 of 2025 Arising Out of PS. Case No.-208 Year-2025 Thana- SAHARSA SADAR District- Saharsa ====================================================== Mohit Yadav @ Mohit Kumar Son of Tapeshwar Yadav @ Tapeshwari Yadav Resident of Polytechnic Bypass Road , Lakshminiya Chowk, Ward no 32 Nagar Parishad , Saharsa P.S- Saharsa Sadar District Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 331 (4), 191 (3), 115(2), 126 (2) and 109 of the BNS and section 27 of the Arms Act.

3. The case of the prosecution is that on 18.02.2025 while the informant and his son were sleeping, at about 00:30 A.M. the door was knocked. When the informant and his son came out, they were abused by some persons. The informant then saw that 5-6 persons were assaulting his son. When the informant went to rescue, the miscreants opened fired. One shot hit his son below the chest and another shot hit the petitioner on his thigh.

Patna High Court CR. MISC. No.39276 of 2025(3) dt.04-09-2025 2/2

4. Learned counsel for the petitioner submits that the petitioner's name does not appear in the FIR rather, it has surfaced only in the confessional statement of one Sujit Kumar. A perusal of the said confessional statement reveals that Sujit Kumar has confessed that he along with the petitioner fired shots. It is further submitted that except the confessional statement of Sujit Kumar, no material has come against the petitioner. Moreover, the petitioner is languishing in judicial custody since 25.02.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Saharsa Sadar P.S. Case No. 208 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa.

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