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Patna High CourtCR. MISC./58661/2025bail granted

Sandeep Yadav @ Sandeep Kumar @ Pandav Kumar v. The State Of Bihar

2025-09-01Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58661 of 2025 Arising Out of PS. Case No.-49 Year-2025 Thana- BAKHARI District- Begusarai ====================================================== Sandeep Yadav @ Sandeep Kumar @ Pandav Kumar Son of Anand Yadav R/o Village - Kumbhi, P.S.-Cheriabariarpur, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bakhri P.S. Case No. 49 of 2025 instituted for the offence under Sections 115(2), 126(2), 329(4), 303(2), 74, 351(2) & 352 of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case is that on 09.02.2025 at about 1:00 P.M., in the absence of the informant, the petitioner along with Paro Devi forcefully entered the house of the informant and looted her earrings as also took away her cow. On being informed of the incident by her daughter, the informant later confronted the accused. It is alleged that the petitioner abused her, pulled her hair, and threw her on the ground.

Patna High Court CR. MISC. No.58661 of 2025(2) dt.01-09-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05-06-2025. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. There is delay of eight days in lodging the FIR. There is land dispute between the parties and they are agnates. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, nature of accusation and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bakhri P.S. Case No. 49 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.58661 of 2025(2) dt.01-09-2025 3/3 family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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