Sumesh Yadav @ Sunesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59108 of 2025 Arising Out of PS. Case No.-111 Year-2014 Thana- DUMARIYA District- Gaya ====================================================== Sumesh Yadav @ Sunesh Yadav S/o- Prasadi Yadav Village- Mohaniya, Police Station- Dumariya, District-Gaya ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh, Advocate Mr.Aryan Singh, Advocate For the Opposite Party/s :
Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-10-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. The accused/petitioner seeks bail in connection with Dumariya P.S. Case No. 111 of 2014 registered for the offences under Sections 147, 148, 149, 341, 364, 302 & 201 of the Indian Penal Code and section 27 of the Arms Act and Section 17 of the CLA Act.
3. The accused/petitioner is not named in the First Information Report and is in custody since 02.02.2025.
4. As per FIR, 150-200 extremists/maoists came at the house of the informant on 06.12.2014 at about 7:30 P.M. and taken away her husband, whose dead body was found on
Patna High Court CR. MISC. No.59108 of 2025(2) dt.13-10-2025 2/3 the next date of the occurrence near to village.
5. It is submitted by learned counsel appearing on behalf of the petitioner that still the matter is pending for investigation. It is submitted that on the police spy report, the case was lodged against 150-200 unknown persons and thereafter innocent villagers were arrested on pick-up-choose basis including this petitioner, otherwise, there is no involvement of the petitioner with the present crime in question.
6. It is submitted that save and except suspicion arising out of secret report of police spy, nothing transpired against the petitioner during investigation.
7. While concluding argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is already completed and as such, there is no chance of tampering with the evidence.
8. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
9. In view of aforesaid factual submission and by taking note of the fact as except suspicion arising out of police
Patna High Court CR. MISC. No.59108 of 2025(2) dt.13-10-2025 3/3 spy report, prima facie nothing incriminating appears during course of investigation as to connect the petitioner with the present crime in question, coupled with the fact that petitioner, who has clean antecedent, remains in custody since 02.02.2025, where investigation of this case is already completed, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class, Gaya/concerned court, in connection with Dumariya P.S. Case No. 111 of 2014, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T