Sikandar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40993 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- GOGRI District- Khagaria ====================================================== Sikandar Yadav S/O Late Haraklal Yadav Resident of VillageMuskhipur,Ward no. 31, PS- Gogri, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Gogri P.S. Case No. 52 of 2025 instituted for the offence under Sections 126(2), 109 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3.

The prosecution case, in short, is that on 28.02.2025 at 1:30 a.m., while informant was asleep, the petitioner removed his blanket and ordered his son to shoot him. On this command, petitioner's son shot the informant in the chest, causing him to fall unconscious. After treatment at SubDivisional Hospital, Gogri, the informant recovered and handed

Patna High Court CR. MISC. No.40993 of 2025(2) dt.09-07-2025 2/3 over an empty shell found at the scene to the police. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-03-2025. Petitioner bears four 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. Learned counsel for the petitioner submits that injury report does not corroborate the allegation mentioned in the FIR, as the injury is caused by hard and blunt substance, which too is simple in nature. It is submitted that even if the allegation is taken on its face value, there is no allegation of firing against the petitioner. Learned counsel for the petitioner goes on to submit that the entire FIR is concocted.

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 and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

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

Patna High Court CR. MISC. No.40993 of 2025(2) dt.09-07-2025 3/3 Court below/concerned Court in connection with Gogri P.S. Case No. 52 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T