Shambhu Yadav @ Sambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53772 of 2025 Arising Out of PS. Case No.-40 Year-2025 Thana- FULKAHA District- Araria ====================================================== Shambhu Yadav @ Sambhu Yadav S/o- Lakshmi Yadav @ Lachhmi Yadav R/o - Mirzapur, Posdaha, P.S - Fulkaha, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Fulkaha P.S. Case No. 40 of 2025 instituted for the offence punishable under Sections 191(2), 262, 190, 126(2), 115(2), 105, 121(1), 121(2), 132, 324(4), 352, 351(2), 303(2), 61(2) of the B.N.S.

3. The prosecution case, in short, is that on input, the Informant, who is the officer-in-charge of Phulkaha P.S., along with police personnel reached to arrest Anmol Yadav who had come to attend the marriage of daughter of Subhas Yadav and found Anmol Yadav along with some associates at Lakshmipur Chowk in front of a shop. Having seen the police, he tried to escape but was arrested. On interrogation, he gave his details

Patna High Court CR. MISC. No.53772 of 2025(3) dt.03-09-2025 2/3 and sat on police vehicle and then 17 named persons including the petitioners and 50 to 60 unknown persons armed with weapons, according to local Chawkidar, surrounded the police vehicle. Aforesaid persons damaged the police vehicle bearing Registration No. BR-38P-3479 by means of lathi, danda and iron rod and also tried to bring down Anmol Yadav from Government vehicle and also started to give threatening after abusing. The informant also said that they are police personnel of Fulkaha Police Station. In course of hustle, A.S.I. Rajiv Ranjan Mal fell down on road and became senseless. He was brought to Sub- Divisional Hospital, Forbesganj and the Doctor declared him dead. The arrested person, Anmol Yadav, was taken away forcefully by the all accused persons.

4. Learned counsel for the petitioner submits that only on the basis of suspicion the name of the petitioner has been implicated in this case and no specific allegation has been levelled against the petitioner rather the allegation is general and omnibus. Lastly, it has been submitted that the petitioner has clean antecedent and is in custody since 13.03.2025.

5. Learned A.P.P for the State opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of

Patna High Court CR. MISC. No.53772 of 2025(3) dt.03-09-2025 3/3 the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Araria in connection with Fulkaha P.S. Case No. 40 of 2025.

(Khatim Reza, J) Prakash/- U