Chotu Yadav @ Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55877 of 2025 Arising Out of PS. Case No.-320 Year-2023 Thana- NAYA RAM NAGAR District- Munger ====================================================== Chotu Yadav @ Gulshan Kumar Son of Late Santu Yadav R/O Village - English Singhia, P.S.- Naya Ram Nagar, District - Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S.T. No. 227 of 2025, arising out of Naya Ramnagar P.S. Case No. 320 of 2023 instituted for the offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, the accusation against the accused persons including the petitioner is of firing several bullets upon the informant's son, as as result of which he died.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case due to admitted land dispute between the parties. Learned counsel for the petitioner submitted that general and

Patna High Court CR. MISC. No.55877 of 2025(3) dt.23-09-2025 2/3 omnibus allegation has been made against the petitioner. No specific allegation of firing is alleged against the petitioner. There is case and counter-case between the parties. Learned counsel further submitted that post-mortem report does not support the case of the prosecution. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.01.2024 and has one criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that the allegation against the petitioner is serious in nature. The postmortem report also supports that case of the prosecution case as two bullet injuries have been found. The petitioner is named in the FIR and there is specific allegation against him of being involved in the commission of murder of the deceased. Learned APP further submitted that the prayer for grant of bail to the similarly situated co-accused person has already been rejected by this Court vide order dated 07.02.2025 passed in Cr. Misc. No. 79434 of 2024. Learned APP, therefore, prays that he may not be released on bail.

6. Considering the aforesaid facts and circumstances of the case also taking into account the nature and gravity of offence, this Court is not inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.55877 of 2025(3) dt.23-09-2025 3/3

7. Accordingly, the prayer for grant of bail to the petitioner is rejected.

8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T