Rajesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46467 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- ARA NAGAR District- Bhojpur ====================================================== Rajesh Kumar Yadav S/o Harendra Singh @ Harendra Yadav Resident of Village- Pipra Pakdi, P.S.- Mufassil, Distt- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Ara Town P.S. Case No. 137 of 2025 registered for the offence punishable under Sections 109 and 61(2) of the B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution is that the brother of the informant, namely, Sonu Kumar has gone out of the house but he did not return for considerable moment. The family members were busy in the Tilak ceremony. He came to know that Sonu Kumar is lying near Airport in pool of blood. After that, the informant went there and found that Sonu Kumar has gun shot injury on his chest. He was rushed to hospital.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.46467 of 2025(3) dt.16-09-2025 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It has further been submitted that the name of this petitioner has surfaced during investigation. One Vikash Yadav has named this petitioner in his confessional statement. It has also been submitted by learned counsel for the petitioner that in para-66 of the case diary, the victim of this case Sonu Kumar has given his statement before the police where he has stated that Chandan Yadav fired at him. Learned counsel for the petitioner has submitted that it is not the case of the prosecution that this petitioner has fired rather as per the statement of the victim, Chandan Yadav has made fire. The main assailant is Chandan Yadav.
Learned counsel for the petitioner has also submitted that similarly situated other co-accused person has already been granted bail by this Court vide order dated 10.09.2025 passed in Cr. Misc. No. 44799 of 2025. The case of the petitioner stands on similar footing. Moreover, he is languishing in judicial custody since 11.04.2025.
5. Learned APP appearing for the State has vehemently opposed the application for bail and has submitted that petitioner is having criminal antecedent of two cases.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.46467 of 2025(3) dt.16-09-2025 3/3 considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Town P.S. Case No. 137 of 2025.
(Ashok Kumar Pandey, J) Shubham/- U T