Manjay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59098 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- Dhobaha District- Bhojpur ====================================================== Manjay Yadav S/O Late Shivnarain Yadav Resident Of Village- Suremanpur, P.S.- Bahoranpur, District- Bhojpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Malti Kumari, Adv.
For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Dhobha P.S. Case No. 26 of 2025 dated 28.02.2025 registered for the offence punishable under Sections 109(1) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. The prosecution case, in brief, is that on the date of occurrence he had gone with the net to catch fish and reached at the north side of Ganga river between village Barja and Lachhu Tola. He stopped there and started preparing litti with Dasai Bin. They had kept fish in the basket meanwhile Rahul Kumar, Ankit Rai, Manjay Yadav
2/4 and Sanjay Yadav along with 7-8 criminals came to him with arms and abused him. Thereafter, they snatched the fish kept in the basket and the net. When he objected, Rahul Rai fired at him taking out the pistol from his waist. It is also alleged that Ankit Rai had caught him by holding his both arms. The bullet hit him in the right side of his face under the eye and lodged in the back of his neck. He became unconscious and fell down on the ground. The above said persons took net and fish with them and fled away. Thereafter, Dasai Bin brought him to his house from where his family members took him to Sadar Hospital Ara.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that there is specific allegation against Rahul Rai that he fired at the person of the informant due to which he sustained bullet injury. It is submitted that there is no specific allegation against the petitioner, rather, the allegation against the petitioner is general and omnibus. Lastly, it has been submitted that the petitioner is in custody since 26.04.2025, having five criminal cases against him and charge-sheet has been
3/4 submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bhojpur at Ara in connection with Dhobha P.S. Case No. 26 of 2025, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4/4
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the framing of charge in this case.
(Khatim Reza, J) prabhat/- U