Yashwant Giri @ Yashvant Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54088 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- GOVINDGANJ District- East Champaran ====================================================== Yashwant Giri @ Yashvant Giri S/O Jatashankar Giri R/O Village- Paharpur Giri Tola, Ps- Paharpur, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-09-2025 Heard Mr. Anil Kumar, learned counsel for the petitioner, Mrs. Renu Kumari, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Gobindganj P.S. Case No. 02 of 2025, instituted for the offences punishable under Sections 103(1), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. The prosecution case, in short, is that the informant alleged that her husband, who initially appeared to have died in an accident on 31.12.2024, was found in post-mortem to have died due to bullet injury. She alleged that her brother-in-law Laukesh Pandey, neighbour Manoj Pandey and others have killed him to grab his property, citing prior threats and

Patna High Court CR. MISC. No.54088 of 2025(3) dt.18-09-2025 2/3 conspiracies. The deceased had even submitted a complaint before the SDM a month earlier regarding the accused persons' plot against her husband.

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 the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused Ujjawal Pandey and the same has got no evidentiary value. No specific allegation has been attributed against the petitioner. Specific allegation of is against co-accused Lokesh Pandey and Manoj Pandey. The petitioner is in custody since 03.03.2025 and has got six criminal antecedents.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that referring to the confessional statement of the petitioner, it is submitted that he has confessed his guilt and has very categorically confessed that at his instance, co-accused persons have committed the murder. It is further submitted that regular

Patna High Court CR. MISC. No.54088 of 2025(3) dt.18-09-2025 3/3 bail of similarly situated co-accused have already been rejected by this Court vide order dated 19.08.2025 passed in Cr. Misc. No. 36768 of 2025. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. The trial Court is directed to expedite the Trial.

(Rudra Prakash Mishra, J) Rajorshi/- U T