Nago Yadav @ Nageshwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46773 of 2025 Arising Out of PS. Case No.-310 Year-2023 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Nago Yadav @ Nageshwar Yadav S/o- Late Medani Yadav VillageGovindpur Dularpur Tola Ps- Sahebpur Kamal Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Yadav, Adv.
For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sahebpur Kamal P.S. Case No. 310/2023 dated 11.11.2023 registered for the offence punishable u/s 147, 148, 323, 386, 307 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and the co-accused persons along with two unknown miscreants holding weapons came to the house of the informant and demanded extortion of Rs. 5 lacs and threatened to kill. In the meantime, the petitioner, Nago Yadav ordered to kill, on hearing this, the co-accused Bipin Yadav caught hold of the informant's husband
Patna High Court CR. MISC. No.46773 of 2025(2) dt.22-09-2025 2/3 and the co-accused, Ajit Yadav fired on him, causing firearm injury on his chest. Thereafter, the petitioner and the co-accused Ajit Yadav were dragging and taking away the informant's husband in the injured condition. On hearing the sound of firing, Kapildev Yadav, Bade Lal Yadav, Vilash Yadav came then all the accused persons fled away from there by firing.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is a delay of four days in lodging the F.I.R. and there is no any explanation given by the informant with regard to alleged delay. The specific allegation of firing is against the co-accused, Ajit Yadav who has already been granted regular bail by this court vide order dated 07.05.2025 passed in Cr. Misc. No. 29375/2025. As per the Injury Report, one bullet was found in the right arm of the injured which is grievous in nature but it is on non-vital part of the body. The petitioner has two criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 10.03.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Patna High Court CR. MISC. No.46773 of 2025(2) dt.22-09-2025 3/3
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Sahebpur Kamal P.S. Case No. 310/2023, with the condition :- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T