Mahesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68383 of 2025 Arising Out of PS. Case No.-272 Year-2018 Thana- DULHIN BAZAR District- Patna ====================================================== Mahesh Yadav S/o Mahendra Yadav R/o Village- Pansuhi, P.S.- Dulhin Bazar, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jayram Sharma, Adv.
For the Opposite Party/s :
Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Dulhin Bazar P.S. Case No. 272 of 2018, registered for the offences under Sections 147, 148, 149, 341, 323, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and other co-accused persons attacked the house of the informant and they were armed with different fire arms and they opened indiscriminate firing. The further allegation against the petitioner is that he shot at the wife of the informant in her abdomen.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.68383 of 2025(3) dt.04-11-2025 2/3 petitioner submits that petitioner is innocent and has been falsely implicated in this case. The petitioner and informant are agnates and a series of litigation is going on between the parties on account of land dispute. There is a title suit which had been pending before the learned Sub-Judge, Paliganj, Patna. The petitioner is an educated person and had been doing job outside the State. The father of the petitioner was elected as Mukhiya of his Panchayat twice and this is the main reason for enmity between the parties. Though, there was no material against the petitioner still charge-sheet has been submitted against him.
The allegation of opening fire against the petitioner is false and concocted and the injury report shows cause of injury to be hard and blunt object and no foreign material was found in the body of the injured. The petitioner had been made accused in two cases and in both the cases the petitioner is on bail. One of the cases was lodged by cousin of the informant. The petitioner is in custody since 17.07.2025.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the doubtful nature of injury and also considering the period of
Patna High Court CR. MISC. No.68383 of 2025(3) dt.04-11-2025 3/3 custody and submission of charge-sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Civil Court, Danapur, Patna in connection with Dulhin Bazar P.S. Case No. 272 of 2018, subject to the condition laid down under Section 480(3) of the BNSS and other 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, if so required by the learned trial court.
(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) Siddharth Soni/- U T