Mohan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64342 of 2025 Arising Out of PS. Case No.-335 Year-2019 Thana- JHAJHA District- Jamui ====================================================== Mohan Yadav S/o Late Kali Yadav R/o Village- Belatar (Belatand), P.S.- Jhajha, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Devika Rani, Advocate For the Opposite Party/s :
Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-09-2025 Heard Ms. Devika Rani, learned counsel for the petitioner and Mr. Nityanand Tiwary, learned APP for the State.
2. The petitioner seeks bail in Jhajha P.S. Case No. 335 of 2019, instituted for the offences punishable under Sections 147, 148, 149, 447, 302 and 201 of the Indian Penal Code.
3. The prosecution case, in short, is that all the accused persons, 12-13 in numbers, having lethal weapons in their hands, dragged the son of the informant. Accused persons including this petitioner caught hold his son and one co-accused slit his neck. When the informant objected, other accused also chased the informant with an intention to kill him, but somehow
Patna High Court CR. MISC. No.64342 of 2025(2) dt.08-09-2025 2/3 informant saved himself, whereas son of the informant succumbed to the injuries.
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 general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. It is next submitted that specific allegation of cutting the throat of the son of the informant is levelled against co-accused, Nandu Yadav. The petitioner is in custody since 27.05.2025 and has got two criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 21.02.2024 passed in Cr. Misc. No. 10297 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.64342 of 2025(2) dt.08-09-2025 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 Jhajha P.S. Case No. 335 of 2019.
(Rudra Prakash Mishra, J) Rajorshi/- U T