Rajesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57162 of 2025 Arising Out of PS. Case No.-136 Year-2025 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Rajesh Yadav S/o Late Kari Yadav R/V - Sahebpur Kamal, PS- Sahebpur Kamal, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sahebpur Kamal P.S. Case No. 136 of 2025 dated 14.05.2025 registered for the offences punishable u/ss 126(2), 115(2), 352, 351(1), 351(2), 109(1) read with section 3(5) of the BNS and section 27 of the Arms Act.
3. As per the prosecution case, while the son of the informant Md. Instiyaq was coming back home with his cousin Mantazeer @ Ladla and when he reached near orchard of Late Hazi Faruq then Mukesh Yadav, Ravish Yadav along with 4-5 unknown persons surrounded them and started abusing them.
Patna High Court CR. MISC. No.57162 of 2025(2) dt.25-08-2025 2/3 When they objected then accused Mukesh Yadav and Ravish Yadav fired on Md. Istiyaq which hit his right and left chest and right thigh. Thereafter, Md. Hifzu Rahman and Md. Yezaz @ Vikki with other co-villagers rushed to the spot and saw that Mukesh Yadav and Ravish Yadav along with other unknown were running away and were firing. Md. Hifzu Rahman identified one of them as Rajesh Yadav (petitioner).
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The specific allegation of firing is against the coaccused Ravish Yadav and Mukesh Yadav. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has five criminal antecedents and out of which he has been acquitted in three criminal cases and he is on bail in two criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 23.05.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond
Patna High Court CR. MISC. No.57162 of 2025(2) dt.25-08-2025 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Sahebpur Kamal P.S. Case No. 136 of 2025, with the condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T