Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43040 of 2025 Arising Out of PS. Case No.-253 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== Mukesh Yadav S/O Hari Shankar Yadav R/O Bargachniya, P.S- Bairiya, Distt.- West Champaran, Bettiah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Advocate For the State :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Bairiya P.S. Case No. 253 of 2024 registered for the offences under Sections 103 and 3(5) of the IPC and Section 27 of the Arms Act.

3. The petitioner is named in the F.I.R. and is in custody since 18.03.2025.

4. The allegation against the petitioner is to commit murder of the son of the informant along with other named co-accused persons after calling him from home with assurance to come back with deceased after half an hour.

Patna High Court CR. MISC. No.43040 of 2025(2) dt.25-08-2025 2/3

5. Learned counsel appearing on behalf of the petitioner submitted that maximum allegation against petitioner is to call son of the informant from the home along with other co-accused persons, but during the course of investigation it was found that he was last seen with coaccused Chandan Mahto as it appears from paragraph no. 24 of the case diary. It is also submitted that co-accused Chandan Mahto was already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 88150 of 2024 vide order dated 08.04.2025 and co-accused namely Safayat Miya @ Safayat Ansari was also granted bail by this Court through Cr. Misc. No. 25608 of 2025 vide order dated 29.07.2025. It is submitted that the petitioner found involved in two more cases of different nature, where he is on bail and moreover, investigation of this case has already completed and as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of aforesaid facts and circumstances as

Patna High Court CR. MISC. No.43040 of 2025(2) dt.25-08-2025 3/3 mentioned above and by taking note of the fact as during investigation deceased son of the informant, was last seen with Chandan Mahto who has already been granted bail by the learned co-ordinate Bench as discussed aforesaid, coupled with the fact as petitioner remains in custody since 18.03.2025, accordingly above named petitioner, is directed to be released on bail in connection with Bairiya P.S. Case No. 253 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-3rd, Bettiah, West Champaran/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. (Chandra Shekhar Jha, J) AjayMishra/- U T