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Patna High CourtCR. MISC./42574/2025bail granted

Yogesh Yadav @ Jogesh Yadav v. The State Of Bihar

2025-08-21Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42574 of 2025 Arising Out of PS. Case No.-304 Year-2024 Thana- AMARPUR District- Banka ====================================================== Yogesh Yadav @ Jogesh Yadav, S/o- Late Subodh Yadav, resident of VillageBari Jankipur, Police Station-Amarpur, District- Banka. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rana Veer Prawar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Amarpur P.S. Case No.304 of 2024 registered for the offences punishable under Sections 341, 323, 307, 385, 504, 506 read with 34 of the Indian Penal Code (in short 'IPC') and Section 27 of the Arms Act.

3. The accused/petitioner is named in the FIR and is in custody since 10.03.2025.

4. Allegation against the petitioner is to ask for balanced extortion money of Rs.4,50,000/- from informant, who was engaged in road construction of RWD, District-Banka and when same was denied to pay, one of the co-accused

Patna High Court CR. MISC. No.42574 of 2025(2) dt.21-08-2025 2/3 namely, Mithun Yadav opened fire upon informant.

5. It is submitted by learned counsel appearing for petitioner that the allegation regarding any overt act is not available against this petitioner rather by raising allegation in very general and omnibus manner, he was implicated with present occurrence, where specific allegation qua firing is available against co-accused Mithun Yadav. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence. The petitioner claimed clean antecedent.

6. Learned APP opposed the prayer for grant of bail to the petitioner.

7. In view of aforesaid factual submissions and by taking note of fact as allegation against petitioner is appearing very much general and omnibus, rather same is specific against co-accused Mithun Yadav, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 10.03.2025, accordingly, the petitioner, above-named, is directed to be released on bail

Patna High Court CR. MISC. No.42574 of 2025(2) dt.21-08-2025 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Banka in connection with Amarpur P.S. Case No.304 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').

(Chandra Shekhar Jha, J.) Sanjeet/- U T