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Patna High CourtCR. MISC./56496/2025bail granted

Anjay Yadav @ Anjay Kumar v. The State Of Bihar

2025-12-22Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56496 of 2025 Arising Out of PS. Case No.-724 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Anjay Yadav @ Anjay Kumar S/o Late Ramashish Yadav R/o Village - Badi Kothiya, Ward No.2, P.S - khagaria (Muffasil), District -Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-12-2025 Heard Mr. N.K. Agrawal, learned senior counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 21.08.2023 in connection with S.T. No. 320 of 2024 arising out of Khagaria P.S. Case No. 724 of 2023, F.I.R. dated 18.07.2023 for the offences punishable under Sections 341, 307 and 120(B) of the IPC and Section 27 of Arms Act.

3. Earlier the regular bail application of the petitioner has been rejected twice by this Court vide order dated 05.07.2024 and 03.12.2024 passed in Cr. Misc. No. 29627 of 2024 and Cr. Misc. No. 82374 of 2024 respectively. Again the petitioner has moved for regular bail in Cr. Misc. No. 26962 of 2025 but the same was dismissed as withdrawn.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the

Patna High Court CR. MISC. No.56496 of 2025(3) dt.22-12-2025 2/3 present case. He further submits that the petitioner is in custody since 21.08.2023 and the trial has not been concluded as yet.

5. Vide order dated 11.08.2025 a report was called with regard to the stage of trial. Report of the learned Trial Court reveals that out of 6 charge sheet witnesses, 5 witnesses have been examined.

6. Learned counsel for the petitioner submits that the I.O. has already been examined and thereafter the learned Court below has passed the order on 26.09.2025 by which the learned Court below has examined the doctor and also called for injury report and despite best efforts neither the doctor has appeared before the learned Court below nor the injury report has been received.

7. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner that he has fired upon the victim and apart from that the petitioner carries one criminal antecedent other than the present one.

8. Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, II, Khagaria

Patna High Court CR. MISC. No.56496 of 2025(3) dt.22-12-2025 3/3 in connection with S.T. No. 320 of 2024 arising out of Khagaria P.S. Case No. 724 of 2023 , subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T