Santlal Yadav @ Sant Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43693 of 2025 Arising Out of PS. Case No.-181 Year-2024 Thana- SONBERSHA RAJ District- Saharsa ====================================================== Santlal Yadav @ Sant Kumar Yadav Son of Gango Yadav Resident of VillageChandi Sthan, Jamhara, Ward No.-9, PS- Sonbarsa Raj District -Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sonbarsa Raj P.S. Case No. 181 of 2024 instituted for the offence under Sections 126(2), 115(2), 109, 308(2), 352, 351(2), 351(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3.

The prosecution case is that on 11-10-2024 at about 8:30 PM, while the informant was parking his motorcycle, the accused persons including the petitioner assaulted him as part of a conspiracy. Petitioner allegedly attacked the informant with a farsa, while co-accused, namely, Vidur Yadav and Vikram Yadav each fired three shots, and Gango Yadav instigated others to kill

Patna High Court CR. MISC. No.43693 of 2025(2) dt.23-07-2025 2/3 the informant. As the informant's family and others gathered, the accused fled after issuing threats.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02-02-2025. Petitioner bears one criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is case and counter case filed by wife of petitioner bearing Sonbarsa Raj PS Case No. 182 of 2024 against the informant and others, in which petitioner has also sustained injury. From perusal of the impugned order, it would manifest that injury of the informant is found to be grievous in nature. Learned counsel for the petitioner submits that due to previous enmity and land dispute, scuffle ensued between the parties and both side have sustained injuries.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and there being case and counter case between the parties, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.43693 of 2025(2) dt.23-07-2025 3/3 8.

Let the petitioner be released on bail 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 Sonbarsa Raj P.S. Case No. 181 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) Raj Kishore/- U T