← Library
Patna High CourtCR. MISC./70384/2025bail granted

Saina Yadav v. The State Of Bihar

2025-11-28Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70384 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- SHEKHPURA District- Sheikhpura ====================================================== Saina Yadav S/O Jagan Yadav @ Yogendra Yadav @ Jodhan Yadav R/O Vill.- Matokhar, P.S.- Sheikhpura, Dist.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sheikhpura P.S. Case No. 50 of 2025 dated 16.02.2025 registered for the offences punishable under Section 103(1) read with Section 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused persons along with 2-3 unknown persons are alleged to have fired on the husband of the informant due to which he died.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.70384 of 2025(2) dt.28-11-2025 2/3 this case. There is a land dispute between the parties. Nothing has been recovered from the conscious possession of the petitioner. There is no specific allegation against the petitioner. It is further submitted that from perusal of the case diary, it appears that the specific allegation is against the co-accused persons namely, Nitish Kumar, Sanjeet Yadav and Vikas Yadav. Learned counsel has further submitted that from perusal of the confessional statement of the co-accused, Nitish Kumar, it appears that the petitioner has only stopped the deceased and he has not assaulted or fired on the deceased. The co-accused person has already been granted regular bail by this court vide order dated 03.09.2025 passed in Cr. Misc. No. 59915/2025. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 20.06.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.70384 of 2025(2) dt.28-11-2025 3/3 concerned, Sheikhpura in connection with Sheikhpura P.S. Case No. 50 of 2025, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T