Heera Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52401 of 2025 Arising Out of PS. Case No.-86 Year-2024 Thana- SAUR BAZAR District- Saharsa ====================================================== Heera Yadav Son of Lakshman Yadav Resident of Village - Jamhara Chandisthan, Ward No.- 12, P.S.- Sonbarsa Raj, District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sour Bazar P.S. Case No. 86 of 2024, instituted for the offences punishable under Sections 341, 323, 379, 302, 102(B) and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that the informant saw co-accused persons, namely, Ashok Yadav and Yugo Yadav along with 4-5 unknown persons were assaulting his brother. Upon objection all the accused persons tried to attack on him and his son but they fled away. Brother of the informant was found dead on the next day of the occurrence.

Patna High Court CR. MISC. No.52401 of 2025(2) dt.01-08-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case in course of investigation on the basis of confessional statement made by co-accused, namely, Purushottam Kumar and the same has got no evidentiary value. The petitioner is in custody since 20.12.2024 and has got nine criminal antecedents in which he is on bail in eight cases. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 28.10.2024 passed in Cr. Misc. No. 47332 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.52401 of 2025(2) dt.01-08-2025 3/3 below/concerned Court in connection with Sour Bazar P.S. Case No. 86 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T