Sri Kant Yadav @ Sri Kant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64897 of 2025 Arising Out of PS. Case No.-100 Year-2024 Thana- PARASBIGHA District- Jehanabad ====================================================== Sri Kant Yadav @ Sri Kant Kumar S/O Late Umesh Yadav R/O Vill.- Manikpur, P.S.- Kinjar, Dist.- Arwal.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar, Advocate For the Opposite Party/s :
Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Parasbigha P.S. Case No. 100 of 2024 registered for the alleged offences under Sections 302, 120(B)/34 of the Indian Penal Code.
3. As per prosecution case, the brother of the informant died and informant named the petitioner for being involved in his murder along with some unknown persons in the background of the fact that the brother of the informant has taken on hire the JCB vehicle of the petitioner for filling up soil in his land for construction of his house.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.64897 of 2025(2) dt.17-09-2025 2/3 case. The brother of the informant has taken JCB vehicle of the petitioner on hire and while filling up soil work was going on, in the night at around 11.00 PM, the brother of the informant consumed alcohol along with drivers of JCB and tractors. While returning home, the brother of the informant fell down from a bridge and died. In the morning, the petitioner went to watch the work on the site when he saw the dead body of the brother of the informant and duly informed the informant. There is no material against the petitioner to substantiate the allegation against him. Not a single witness turned up who might have seen the occurrence. Except for suspicion, there is no material against the petitioner. Taking advantage of death of his brother, the informant concocted a false and concocted story and falsely implicated the petitioner with oblique motive and malafide intention. The petitioner is in custody since 22.07.2025 and charge sheet has been submitted. The petitioner has got no criminal antecedent.
5. Learned APP opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague and doubtful nature of allegation allegation against the
Patna High Court CR. MISC. No.64897 of 2025(2) dt.17-09-2025 3/3 petitioner and also considering the lack of substantive material to connect him with the offence as alleged and further considering the submission of charge sheet and clean antecedent of the petitioner, 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, Ist Class, Jehanabad/concerned Court in connection with Parasbigha P.S. Case No. 100 of 2024, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also 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) DKS/- U T