Mahesh Yadav @ Ghamari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51373 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- BAGENGOLA District- Buxar ====================================================== Mahesh Yadav @ Ghamari S/o Raj Kishore Yadav @ Chokha Resident of Village- Bhadwar, Sukartola, P.S.- Bagengola, District- Buxar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Akhilesh Kr Pandey, Advocate For the Opposite Party/s :
Mr.Shantanu Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2025 Heard learned counsel for the parties.
2. Petitioner seeks bail in connection with Bagen Gola P.S. Case No. 25 of 2025 instituted for the offences under Sections 103(1), 238, 61(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case is that on 11.03.2025 evening, three FIR named accused persons took the husband of the informant to their village, and the next morning his beheaded body was found in a field.
4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner was not the person who took the husband of the informant to their village. Petitioner's name has come in this case during course of investigation on the basis of confessional statement. Save and except confessional
Patna High Court CR. MISC. No.51373 of 2025(3) dt.07-11-2025 2/2 statement, there is no other direct or indirect evidence against the petitioner to show his complicity in the occurrence. Petitioner claims clean antecedent. Charge sheet has already been filed. Co-accused, with similar allegation, has already been allowed pre-arrest bail by a co-ordinate bench of this Court vide order passed in Cr.Mis.No. 50764/2025. Petitioner is in custody since 17.3.2025.
5. Learned counsel for the State opposes the prayer for bail.
6. Considering the nature of accusation and period of custody of the petitioner, his prayer for regular bail is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in Bagen Gola Police Station Case No. 25 of 2025.
(Prabhat Kumar Singh, J) Shashi U T