Uday Yadav @ Uday Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53140 of 2025 Arising Out of PS. Case No.-161 Year-2025 Thana- MUFFASIL District- Aurangabad ====================================================== Uday Yadav @ Uday Kumar S/o Ramkeshi Yadav, R/o Village- Pipardih, P.S.- Aurangabad (Muffasil), District- Aurangabad (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Sinha, Advocate Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Muffasil P.S. Case No. 161 of 2025 dated 01.05.2025, registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109(1) and 303(2) read with Section 3(5) of the BNS.
3. As per the prosecution case, petitioner and other co-accused persons who were variously armed stopped the motorcycle of the informant and co-accused Umesh Yadav threatened him with life. Thereafter, all of them started assaulting the informant and his wife with lathi, danda and rod and the informant fell down. Further, co-accused Umesh Yadav snatched Rs. 50,000/- from the dicky of the motorcycle and he also took
Patna High Court CR. MISC. No.53140 of 2025(3) dt.12-11-2025 2/3 away mobile phone of the informant and mangalsutra of the wife of the informant.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The petitioner is falsely implicated due to village politics. From the FIR it is clear that there is no specific allegation of any overt act against the petitioner which is only against the co-accused Umesh Yadav. The petitioner is said to be only a member of the mob. It is also apparent from the FIR that there is land dispute between the co-accused Umesh Yadav and the informant. Some of the co-accused persons have been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 30.08.2025 passed in Cr. Misc. No. 54674 of 2025. Another co-ordinate Bench has granted regular bail to the co-accused persons namely, Umesh Kumar Singh and Dharmendra Kumar vide order dated 16.07.2025 passed in Cr. Misc. No. 43980 of 2025. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 13.06.2025.
5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
Patna High Court CR. MISC. No.53140 of 2025(3) dt.12-11-2025 3/3 submissions made on behalf of the parties and considering the vague and non-specific nature of allegation levelled against the petitioner, his period of custody and submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned I/c Chief Judicial Magistrate, Aurangabad / concerned Court, in connection with Muffasil P.S. Case No. 161 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.
(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J) Shahnawaz/- U T