Bibhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48030 of 2025 Arising Out of PS. Case No.-226 Year-2023 Thana- BARAHAT District- Banka ====================================================== Bibhash Yadav Son of Bateshwar Yadav Resident of village - Dayalpur, P.S.- Rajoun, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-09-2025 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 Barahat P.S. Case No. 226 of 2023 dated 08.10.2023 registered for the offences punishable u/s 394 of the Indian Penal Code and u/s 27 of the Arms Act.

3. As per the prosecution case, unknown miscreants are alleged to have fired on the informant with intent to kill. They also took away the motorcycle of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case only on the basis of the F.I.R. bearing Rajoun P.S. Case No. 522/2023. No T.I.P. has been conducted by the prosecution. The co-accused person has

Patna High Court CR. MISC. No.48030 of 2025(2) dt.24-09-2025 2/2 already been granted regular bail by this Court vide order dated 15.09.2025 passed in Cr. Misc. No. 45464 of 2025. The petitioner has six criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 29.04.2025

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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, Banka in connection with Barahat P.S. Case No. 226 of 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) atul/- U T