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Patna High CourtCR. MISC./60658/2025bail granted

Ajit Yadav v. The State Of Bihar

2025-09-08Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60658 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- KHUTAUNA District- Madhubani ====================================================== Ajit Yadav S/O Ravi Yadav R/O Village- Bhagha Kushwar, P.S- Khutauna, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Khutauna P.S. Case No. 48 of 2025 registered for the alleged offences under Sections 126(2), 115(2), 118(1), 352, 351(2), 109(1), 324(4), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

03. As per prosecution case, petitioner and other coaccused persons had been assaulting one Boby Kumar and the informant intervened and pacified the matter. However, after sometime the assailants of Boby Kumar attacked the house of the informant and assaulted him and left the place. Thereafter, the co-accused called out the informant to his office where the informant and his son went and they were further assaulted. The

Patna High Court CR. MISC. No.60658 of 2025(2) dt.08-09-2025 2/3 petitioner and co-accused, Pramod Yadav, fired upon the son of the informant with intention to kill him. The son of the informant received two gun shot injuries who fell down and became unconscious.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is not involved in the alleged offences in any manner and as he is the son-in-law of the co-accused Pramod Yadav, he has been made accused in this case. Coaccused Pramod Yadav has been granted bail by a Co-ordinate Bench vide order dated 25.08.2025 passed in Criminal Misc. No. 54261 of 2025 and the case of the petitioner is similarly placed. The petitioner is having antecedent of one case. The petitioner is in custody since 19.06.2025 and charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner. Learned APP submits that there is specific allegation against the petitioner that he fired a shot which hit the son of the informant.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the grant of bail to similarly placed co-accused and further

Patna High Court CR. MISC. No.60658 of 2025(2) dt.08-09-2025 3/3 considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st class, Jhanjharpur/court concerned in connection with Khutauna P.S. Case No. 48 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T