Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54785 of 2025 Arising Out of PS. Case No.-424 Year-2025 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Binod Yadav S/o Ram Ishwar Yadav R/o Vikash Colony East Ram krishna Nagar (New Jaganpura), P.S.- Ram Krishna Nagar, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwanath Prasad For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-09-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 103(1), 61(2), 3(5) of the B.N.S.S. & Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner petitioner has antecedent of one case and the informant alleges that she received an information that her son has received firearm injury, accordingly, she reached the hospital, where her son's dead body was lying, further alleges that about 4-5 months back, petitioner and his family members had threatened to kill her son, as they held her son responsible for death of their daughter, who committed suicide, further on enquiry, she learnt that while her son was coming from gym, when accused Suraj started firing on order of Vikash, Chandan and Akash and the occurrence was captured in CCTV.

Patna High Court CR. MISC. No.54785 of 2025(2) dt.03-09-2025 2/3

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that the daughter of the petitioner was having an affair with the son of the informant but then son of the informant performed his marriage, as such, the daughter of the petitioner committed suicide on account of which the petitioner was aggrieved being father. It is next submitted no doubt the son of the petitioner was killed but then police based on material, which transpired during course of investigation apprehended Suraj, son of petitioner, who accepted his guilt of committing the occurrence but then did not name the petitioner in his confessional statement about his involvement.

The learned counsel next submits that from perusal of the order impugned, it would manifest that the learned Additional Sessions Judge has recorded that Para-57, 58 and 59 of the case diary records about the involvement of the petitioner in the occurrence but then it is submitted that from perusal of Para-57, 58 and 59 of the case diary, it would manifest that the same records the statement of Kanchan Kumari (daughter of the informant), Raj Kumar Singh (husband of Kanchan Kumari) and one Raj Kumar Prasad respectively. It is next submitted that the witnesses are hearsay witnesses and are not an eyewitness to the occurrence.

Patna High Court CR. MISC. No.54785 of 2025(2) dt.03-09-2025 3/3 submitted that no doubt the son of the informant was killed but then the petitioner was not involved in the occurrence though he was aggrieved by the conduct of the son of the informant, which led to death of his daughter. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

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

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ram Krishna Nagar P.S. Case No.424/2025, subject to the conditions as laid down under Section 482(2) B.N.S.S.

(Satyavrat Verma, J) amit/- U T