Yashwant Kumar @ Yaswant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56222 of 2025 Arising Out of PS. Case No.-551 Year-2024 Thana- MADANPUR District- Aurangabad ====================================================== Yashwant Kumar @ Yaswant Kumar S/o Basukinath Singh @ Basakinath Singh Resident of Village- Kathri, P.S.- Madanpur, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Leelawati Kumari, Advocate For the State :

Mr. Rajiv Nayan, APP For the Informant :

Mr. Dhananjay Kumar Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-10-2025 Heard learned counsel appearing on behalf of the petitioner, learned A.P.P. appearing on behalf of the State and learned counsel appearing on behalf of the informant.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 126(2), 115(2), 74, 76, 109, 303(2), 324(4), 324(5) and 3(5) of the B.N.S. and later on, Section 103(1) of the B.N.S. was added.

3. As per prosecution case, all the F.I.R. named accused persons, including this petitioner, in an intoxicated condition, abused and assaulted informant and her father as a result of which, father of informant died. It is further alleged that the accused persons also looted Rs. 65,000/- cash from the shop of informant.

Patna High Court CR. MISC. No.56222 of 2025(3) dt.17-10-2025 2/3

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of assaulting father of informant is against coaccused Rishikesh Kumar and Sushant @ Gudan Kumar. So far as this petitioner is concerned, he along with others, are only alleged to have looted Rs. 65,000/- cash from shop of the informant. There is absolutely no allegation of assault against this petitioner. Charge-sheet has already been submitted and petitioner is in custody since 04.01.2025. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, period of custody and clean antecedents of the petitioner, the prayer for grant of bail to the petitioner is allowed.

7. Accordingly, let the above named petitioner 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 learned Chief Judicial Magistrate, Aurangabad in

Patna High Court CR. MISC. No.56222 of 2025(3) dt.17-10-2025 3/3 connection with Madanpur P.S. Case No. 551 of 2024. (Prabhat Kumar Singh, J) shashank/- U T