Rajesh Kumar @ Raja Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60251 of 2025 Arising Out of PS. Case No.-301 Year-2025 Thana- BAKHTIYARPUR District- Patna ====================================================== Rajesh Kumar @ Raja Yadav S/O Ramnath Yadav R/O Village- Mahamadpur, Ranisharai, P.S- Bakhtiyarpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhim Sen Prasad, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar Pandey, Adv.

Ms. Kumari Pallavi, Adv.

For the State : Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bakhtiyarpur P.S. Case No. 301 of 2025 dated 21.06.2025 registered for the offences punishable u/ss 126(2), 115(2), 109 read with Section 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. As per the prosecution case, due to previous occurrence, on 26.06.2025, the accused persons named in the F.I.R. and 4-5 unknown persons having armed with weapons came to the house of the informant and made indiscriminate firing. On being objected by the informant, the co-accused,

Patna High Court CR. MISC. No.60251 of 2025(2) dt.10-09-2025 2/3 Sunny Kumar fired on the informant which passed through his temple but she narrowly escaped. The other accused persons also made firing which hit on the wall and her husband was also narrowly escaped. Thereafter, the informant's husband informed police and police came there and recovered empty cartridge from the spot. The informant believed that all the accused persons resorted firing with the intention to kill her, her husband and son.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is case and counter case between the parties. No incriminating article has been recovered from the conscious possession of the petitioner. There is general and omnibus allegation against the petitioner. The allegation of firing is against the co-accused, Sunny Kumar but no one sustained firearm injury. No T.I.P. has been conducted by the prosecution. The petitioner has no concern with the alleged offence. The petitioner has two criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.06.2025.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

Patna High Court CR. MISC. No.60251 of 2025(2) dt.10-09-2025 3/3

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 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 301 of 2025 with the condition :- (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 bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T