Bhola Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43391 of 2025 Arising Out of PS. Case No.-281 Year-2024 Thana- MANSI District- Khagaria ====================================================== Bhola Yadav S/O Late Bhumi Yadav Resident of Village- Shishwa, Ward No 08, PS- Chautham,PO-Shiswa,under Gram Panchayat-Sar Sawa, DistrictKhagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shekhar Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Sharma, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Mansi P.S. Case No. 281 of 2024, registered for the offences under Sections 117(2), 109(1), 352, 351(3), 308(4), 126(2), 115(2) & 3(5) of the BNS.
3. As per the prosecution case, petitioner and two other co-accused persons came at the construction side of pillars at Kosi River and demanded extortion money and also assaulted the informant and other co-workers causing injuries to them.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is no specific allegation of assault against the petitioner. Injury report of the informant
Patna High Court CR. MISC. No.43391 of 2025(2) dt.16-07-2025 2/3 shows simple and superficial injuries and there is no injury report of other co-workers. One Ranveer Kumar Yadav son of Jawahar Yadav who is a petty contractor in the construction work company managed the informant and got instituted the case against the petitioner and other co-accused persons as the petitioner is one of the witnesses in murder case of his cousin, Photo Yadav and one Jawahar Yadav who is father of Ranveer Kumar Yadav is one of the accused persons. For the murder of the cousin of the petitioner, Mansi P.S. Case No. 273 of 2019 has been lodged and due to this enmity, the present case has been lodged against the petitioner who is in custody since 26.04.2025 and he has one criminal antecedent. Charge sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the possibility of false accusation and also considering the period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned J.M.-1st Khagaria/concerned court,
Patna High Court CR. MISC. No.43391 of 2025(2) dt.16-07-2025 3/3 in connection with Mansi P.S. Case No. 281 of 2024, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Anuradha/- U T