Munshi Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61162 of 2025 Arising Out of PS. Case No.-60 Year-2025 Thana- Rangara District- Bhagalpur ====================================================== Munshi Yadav S/o Kailash Yadav R/o Village - Bhawanipur, (Naugachia), P.S - Rangra, District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandeep Jha Mr. Ashutosh Kumar For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103(2), 61(1), 3(5) of the B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution is that the brother of the informant and Shubham Mishra were injured due to a firearm shot as found by the informant and during the treatment both of them died.
4. Learned counsel for the petitioner submits that there is no eye witness to this case and it would be apparent from the first information report itself that the informant had also come few minutes later, on hearing the sound of the gun shot to find his brother and Shubham Mishra in an injured
Patna High Court CR. MISC. No.61162 of 2025(3) dt.17-11-2025 2/3 condition. The name of the petitioner has transpired during the course of investigation on account of confessional statement of co-accused as also his self confession before the police, which has no evidentiary value and even according to the confessional statements, the allegaton is not upon the petitioner of firing. Further, the vehicle which was found at the place of occurrence also belonged to one Pritam Kumar and not this petitioner. It is also pointed out that one other co-accused Samarth Kashyap, who is similarly situated with this petitioner, has been granted bail by a coordinate Bench of this Court vide order dated 11.09.2025 passed in Cr. Misc. No. 45432 of 2025 and the petitioner is in custody since 09.04.2025.
5. Learned APP for the State has opposed the application for bail to the petitioner on the grounds mentioned in the first information report.
6. Taking into consideration the facts and circumstances and also considering the fact that there is no eye witness to the case and even as confessional statement, there is no specific allegation on the petitioner and similarly situated coaccused has already been granted bail, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.61162 of 2025(3) dt.17-11-2025 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rangra P.S. Case No. 60 of 2025.
(Soni Shrivastava, J) devendra/- U T