Subhash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62239 of 2025 Arising Out of PS. Case No.-216 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== Subhash Yadav S/o Late Sitaram Yadav R/o Village- Kazi Bigha, P.S - Goh, District - Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lalbahadur Singh, Adv.
For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Rafiganj P.S. Case No. 216 of 2024 dated 04.06.2024 registered for the offences punishable under Sections 341, 323, 386, 387, 435, 504, 506 read with Section 34 of the Indian Penal Code and Section 13, 16, 17 and 18 of the UAPA Act.
3. As per the prosecution case, it is alleged that the petitioner and the co-accused persons along with two unknown miscreants came at the brick kiln of the informant and demanded levy and they set one JCB machine on fire. The petitioner and the other accused persons in their confessional
Patna High Court CR. MISC. No.62239 of 2025(2) dt.18-11-2025 2/3 statement confessed their guilt and disclosed that they are Naxalites and on the alleged date of the occurrence the petitioner and the other extremists came at the brick kiln of the informant and assaulted him and demanded levy. They further disclosed that they set one JCB machine on fire.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has transpired in this case merely on suspicion. Nothing has been recovered from the possession of the petitioner. There is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus in nature. The petitioner has no concern with the alleged offence. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 08.01.2025. The co-accused person has already been granted regular bail by this Court vide order dated 21.03.2025 passed in Cr. Misc. No. 13970 of 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.62239 of 2025(2) dt.18-11-2025 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Rafiganj P.S. Case No. 216 of 2024, 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 bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T