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Patna High CourtCR. MISC./65379/2025bail granted

Bharat Yadav v. The State Of Bihar

2025-09-15Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65379 of 2025 Arising Out of PS. Case No.-348 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Bharat Yadav S/o Late Bino Yadav R/o- Mathar South, P.S.- Khagaria (Muffasil), District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-09-2025 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and Mr. Nityanand Tiwary, learned APP for the State.

2. The petitioner seeks bail in connection with Khagariya (Mufassil) P.S. Case No. 348 of 2022, instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504, 506 of the Indian Penal Code and subsequently Section 302 of the Indian Penal Code was also added.

3. The prosecution case, in short, is that the petitioner along with other co-accused persons armed with various weapons were blocking the public road and when father of the informant inquired about the same from the accused persons,

Patna High Court CR. MISC. No.65379 of 2025(2) dt.15-09-2025 2/3 they abused him and assaulted him upon the order of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that no specific allegation of assault has been attributed against the petitioner rather the same has been levelled against co-accused, namely, Shambhu Kumar, Rajesh Kumar and Sunny Kumar. It is next submitted that the petitioner is only an order giver of the said incident. The petitioner is in custody since 04.06.2025 and has got three criminal antecedents. Learned counsel for the petitioner further submits that other co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 26.06.2024 passed in Cr. Misc. No. 40342 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.65379 of 2025(2) dt.15-09-2025 3/3

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khagariya (Mufassil) P.S. Case No. 348 of 2022.

(Rudra Prakash Mishra, J) Rajorshi/- U T