Lalo Yadav @ Babulal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50612 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Lalo Yadav @ Babulal Yadav S/o Late Ramji Yadav @ Ramji Yadav R/o village - Diha ,ward no.3 , P.S.- Sahebpur Kamal, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam For the Opposite Party/s :
Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-09-2025 Heard the parties.
2. The petitioner seeks bail in connection with S. Kamal P.S. Case No. 01 of 2025 registered for the offence under Sections 191(3), 126(2), 115(2), 352, 351(1), 351(2), 109(1), 315 of BNS and Section 27 of the Arms Act.
3. The petitioner is named in the F.I.R. and is in custody since 12.02.2025.
4. As per FIR, petitioner and 11 other co-accused persons riding upon four motorcycle and armed with automatic and country-made weapon opened indiscriminate firing upon the house of the informant. The miscreants entered into the house of informant and also committed
Patna High Court CR. MISC. No.50612 of 2025(2) dt.11-09-2025 2/3 indiscriminate firing thereof and out of which one gun shot hit the mother of the informant near to her right neck due to which she became unconscious and was subsequently taken to hospital for treatment.
5. Learned counsel appearing on behalf of the petitioner submitted that mother of the informant was initially treated with Sadar hospital, whereafter she was taken to a private nursing home from where the report regarding injury was given "grievous" without specifying that how and by which type of weapon it was caused in actual vide report dated 28.02.2025. It is submitted that subsequently, the injury report of mother of the informant was given by Sadar Hospital, mentioning thereof the nature of injury as simple caused by hard and blunt substance, creating a doubt qua entire allegation as raised through FIR. It is submitted that considering the aforesaid aspect, co-accused namely, Kundan Kumar was granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. 33747 of 2025 dated 14.08.2025 and, therefore, on ground of parity this petitioner also deserves bail. While concluding the argument, it is
Patna High Court CR. MISC. No.50612 of 2025(2) dt.11-09-2025 3/3 submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission and by taking note of doubtful injury report as discussed aforesaid, coupled with fact that petitioner remains in custody since 12.02.2025, accordingly petitioner above named, is directed to be released on bail in connection with Kamal P.S. Case No. 01 of 2025 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Begusarai/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T