Sanjay Yadav @ Sanjay Kumar Yadav @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51760 of 2025 Arising Out of PS. Case No.-185 Year-2020 Thana- MOKAMAH District- Patna ====================================================== Sanjay Yadav @ Sanjay Kumar Yadav @ Sanjay Kumar S/o Brahmdeo Yadav R/o Village- Basobagi, P.S.- Barh, Dist.- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Mokama P.S. Case No. 185 of 2020 for the offences registered under Sections 147, 148, 149, 302/34 of the Indian Penal Code read with Section 27 of Arms Act.

3. It is alleged in the prosecution case that on the date of occurrence petitioner along with F.I.R. named accused persons having armed with firearms surrounded the son of informant and made firing upon him who died on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent. He has falsely been implicated in this case. Allegation against the petitioner is that he was the member of the mob and no overt act is alleged against him. There is no allegation of firing against him. He is in custody since 20.05.2025. Charge-

Patna High Court CR. MISC. No.51760 of 2025(2) dt.11-08-2025 2/2 sheet has already been submitted before the learned Trial Court. There is no chance of tampering with the evidence or absconding of the petitioner. He has no criminal antecedent. He undertakes to co-operate in the trial. Similarly situated co-accused persons, namely, Sunil Yadav, Sudhir Yadav, Umesh Yadav and Sanjay Yadav have already been granted bail by a co-ordinate Bench of this Court vide order dated 10.10.2023 passed in Cr. Misc. No. 62778 of 2023 and order dated 03.11.2023 passed in Cr. Misc. No. 68903 of 2023 respectively. It is further submitted that eight accused persons have been acquitted by the Trial Court in separate trial.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Barh in connection with Mokama P.S. Case No. 185 of 2020.

(Sunil Dutta Mishra, J.) rakhi U T