Devan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60610 of 2025 Arising Out of PS. Case No.-262 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== Devan Yadav S/o- Ramnarayan Yadav @ Narayan Yadav R/o - Dhabghat, P.S - Ghoghardiha, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr. M.K. Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 26-09-2025 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.
2. Through this application, the petitioner, who is in custody in connection with Madhepur P.S. Case No. 262 of 2023, registered for the offences under Sections-341, 307, 120B of I.P.C. and 27 of the Arms Act, seeks regular bail. This is the second attempt made on behalf of the petitioner as earlier the prayer for bail of the petitioner was turned down by this Court in Cr. Misc. No. 2155 of 2025 vide order dated 28.02.2025.
3. Learned advocate for the petitioner submitted that while negating the prayer of the petitioner liberty was accorded to the petitioner to renew the prayer for bail after framing of charge. It is submitted that now the charges have already been framed on 30.06.2025. To support the aforesaid contention, the
Patna High Court CR. MISC. No.60610 of 2025(2) dt.26-09-2025 2/3 order dated 30.06.2025 has been placed on record as AnnexureP/3. It is further contended that the entire case is based on confessional statement of the co-accused and save and except the confessional statement there is no material besides the fact that the petitioner has absolutely fair antecedent.
4. On the other hand, learned advocate for the State has vehemently opposed the bail application and submits that materials have collected during the course of investigation which suggest his complicity in the crime.
5. Having considered the submissions advanced and the liberty accorded to the petitioner and now the charges have already been framed as also the fair antecedent, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-1, Jhanjharpur, Madhubani in connection with Madhepur P.S. Case No. 262 of 2023, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date
Patna High Court CR. MISC. No.60610 of 2025(2) dt.26-09-2025 3/3 of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will be liable to be cancelled.
(v) The court below shall verify the criminal antecedent of the petitioner and, in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J) K.C.Jha/- U T