Udal Yadav @ Udal Kumar Yadav @ Udal Kumar @ Saket v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43837 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- RAFIGANJ District- Aurangabad ====================================================== Udal Yadav @ Udal Kumar Yadav @ Udal Kumar @ Saket Son of Late Ramdeep Yadav Resident of Village - Dewan Bigha, Ker Tola Daulatpur, P.S.- Konch, District - Gaya (Bihar).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Rafiganj P.S. Case No. 57 of 2025 registered for the offences punishable under Sections 308(2), 308(4), 351(2) and 309(4) of the BNS and Section 13 of Unlawful Activities Prevention Act and Section 18 and 20 of Unlawful Activities Prevention Ordinance 2004.
3. As per the prosecution story, the informant being a police personnel has alleged that on 31.01.2025, information was received that members of the banned Naxalite group CPI (Maoist) had demanded levy from brick kiln owners in village Pogar, and had also snatched mobile phones from labourers. Acting on this, he proceeded to the location with an armed force after informing senior officers. Across all kilns, like Kisan Brick
Patna High Court CR. MISC. No.43837 of 2025(3) dt.15-09-2025 2/3 Kiln, Muskan Brick Kiln, SS Brick Kiln and Tata Brick Kiln the intruders followed a similar pattern i.e. arriving around midnight, covering their faces, carrying weapons, threatening violence for non-payment of levy, and claiming affiliation with CPI (Maoist) leaders.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to high handedness of police. The petitioner is not named in the F.I.R. rather his name is transpired in this case during the course of investigation on the confessional statement of co-accused made before the police. The name of the petitioner has been dragged in this case as he used to raised his voices against police atrocity. From perusal of the material available on records, it is apparent that no incriminating articles were recovered from his possession. Learned counsel further submits that petitioner has never been put on Test Identification Parade and he is languishing in jail since 02.05.2025 for no fault.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be
Patna High Court CR. MISC. No.43837 of 2025(3) dt.15-09-2025 3/3 released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No. 57 of 2025 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T