Durgesh Kumar Yadav @ Durgesh Yadav @ Durgesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44774 of 2025 Arising Out of PS. Case No.-392 Year-2024 Thana- BAHERA District- Darbhanga ====================================================== Durgesh Kumar Yadav @ Durgesh Yadav @ Durgesh Kumar S/o Ram Udgar Yadav @ Ramudgar Yadav R/o Village- Baur, P.S.- Ghanshyampur, DistrictDarbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 52105 of 2025 Arising Out of PS. Case No.-392 Year-2024 Thana- BAHERA District- Darbhanga ====================================================== Brajesh Kumar Son of Nirikshan Yadav @ Nirekhan Yadav @ Nireekhan Yadav Resident of Village- Dohatha ,Ward No. 10, P.S.- Ghanshyampur District- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 52173 of 2025 Arising Out of PS. Case No.-392 Year-2024 Thana- BAHERA District- Darbhanga ====================================================== Md. Sumo @ Md. Shahmad @ Md. Shamshad @ Md. Somu son of Late Md. Hasiboor Rahman Resident of Village- Bhairopatti, P.S.- Bahadurpur, DistDarbhanga ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 44774 of 2025) For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP (In CRIMINAL MISCELLANEOUS No. 52105 of 2025) For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, APP (In CRIMINAL MISCELLANEOUS No. 52173 of 2025) For the Petitioner/s :

Mr. Saurav Anand, Advocate

2/4 For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-09-2025 Heard learned counsel for the petitioners and learned APP for the State. Perused the case diary.

2.

The petitioners seek bail in connection with Bahera P.S. Case No. 392 of 2024 instituted for the offence under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. 3.

On 15.10.2024 at about 9 PM, while returning from Benipur to Laheriasarai, the informant was pushed down near Band Chowk petrol pump by two unknown persons on a motorcycle, who snatched his motorcycle along with a bag containing Samsung Tab, documents, cash, and also took his OPPO mobile after threatening to kill him, before fleeing towards Sonaki.

4.

It has been submitted on behalf of the petitioners that the petitioner, namely, Durgesh Kumar Yadav is in custody since 25-04-2025, having one criminal antecedent; petitioner, namely, Brajesh Kumar is in custody since 03-11-2024, having one criminal antecedent and petitioner, namely, Md. Sumo is in custody since 13-05-2025, having four criminal antecedents. 5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the

3/4 present case. Petitioners are not named in the FIR. Name of the petitioners have transpired during investigation. Nothing has been recovered from the conscious possession of the petitioners. Petitioners were not even put on T.I. Parade. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners and manner of petitioner's implication, this Court is inclined to grant bail to the petitioners.

8.

Let the petitioners, namely, Durgesh Kumar Yadav and Brajesh Kumar be released on bail, whereas petitioner, namely, Md. Sumo @ Md. Shahmad @ Md. Shamshad @ Md. Somu be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteeen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bahera P.S. Case No. 392 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioners.

4/4 (II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

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