Sibalak Yadav @ Shiv Balak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61277 of 2025 Arising Out of PS. Case No.-112 Year-2025 Thana- ASHTHAWAN District- Nalanda ====================================================== Sibalak Yadav @ Shiv Balak Yadav S/O Late Rup Lal Yadav @ Late Yadav Ruplal R/O Village- Dhobi Bigha, Police Station -Ashthawan, DistrictNalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 115(2), 126(2), 118(2), 103(1), 352, 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. The case of the prosecution is that while the informant was working in his field, the petitioner and his son Chandan Yadav along with others indulged in abuse and assault causing injuries to the informant and his father and informant's father succumbed to his injuries.

4. Learned counsel for the petitioner, at the outset, submits that it would be apparent from the first information report itself that the dispute between the petitioner and the informant's side is on account of a land dispute which fact has also been supported by material collected during the course of investigation. So far as the role of the petitioner is concerned, it is confined to that of being an order giver while the specific allegation of

Patna High Court CR. MISC. No.61277 of 2025(3) dt.15-11-2025 2/2 opening fire is on co-accused Chandan Yadav and there are general and omnibus allegations of assault and it has been specifically pointed out that the petitioner who is himself a senior citizen was injured in the incident as would be disclosed from paragraph-21 of the case diary as he was getting his treatment done. The petitioner is in custody since 24.05.2025 and the charge-sheet has been submitted.

5. Learned APP for the State has opposed the application for bail to the petitioner on the grounds mentioned in the first information report.

6. Taking into consideration the facts and circumstances and also considering the fact that the petitioner has basically been assigned the role of an order giver and the dispute is land related coupled with the fact that the petitioner is himself got injured in the incident, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ashtawan P.S. Case No. 112 of 2025, subject to the condition that the petitioner would cooperate in the trial.

(Soni Shrivastava, J) devendra/- U T