Jai Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71540 of 2025 Arising Out of PS. Case No.-114 Year-2025 Thana- SIRISIYA District- West Champaran ====================================================== Jai Prakash Yadav S/O Rameshwar Yadav @ Shekhar Yadav R/O Ward No. 2, Village Babu Tola, Garabhua, Police Station- Sirisiya, District- West Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Abu Nasar, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, A.P.P.

Mr. Sachidanand Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-12-2025 Heard learned counsel for the parties.

2. Petitioner, who is in custody, seeks bail in connection with Sirisiya (West Champaran) P.S. Case No. 114 of 2025 registered for the offences punishable under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, informant has alleged that six named accused persons including the petitioner and 5/6 unknown persons came to her house on a tractor and started assaulting her husband with spade, iron rod and stick. Husband of the informant was taken to hospital, where he was declared dead.

4. Learned counsel appearing for the petitioner submits that as per FIR, six named accused persons including the petitioner and 5/6 unknown accused persons assaulted

Patna High Court CR. MISC. No.71540 of 2025(3) dt.08-12-2025 2/2 informant's husband but the doctor in the post mortem report has opined that deceased sustained only one external injury on the skull. Allegation of assault is general and omnibus and no specific overt act has been alleged against the petitioner. Charge sheet has already been filed. Similarly situated co-accused has already been allowed bail by a co-ordinate bench of this Court vide order passed in Cr.Mis.No. 71493/2025. Petitioner claims clean antecedent and he is in custody since 9.7.2025.

5. Learned counsel for the State and the informant oppose the prayer for bail.

6. Considering the nature of accusation, materials collected during investigation and period of custody of the petitioner, his prayer for regular bail is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah (West Champaran) in Sirisiya West Champaran Police Station Case No. 114/2025.

(Prabhat Kumar Singh, J) Shashi U T