Kumi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72028 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- MURLIGANJ District- Madhepura ====================================================== Kumi Yadav S/o Late Saburi Yadav Resident of Village- Haripur Kala, Ward No. 07, P.S.- Murliganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Pooja Prasad, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Murliganj P.S. Case No. 12 of 2025 instituted for the offence under Sections 103(1), 109 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. 3.

The prosecution case, in brief, is that on 06.01.2025 at about 11:00 PM, the informant saw accused Deepak Kumar and petitioner near his house, where on petitioner's order, Deepak Kumar shot his mother Pratima Devi in the chest. She was taken to Saharsa Hospital for treatment but later succumbed to her injuries.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.72028 of 2025(2) dt.13-10-2025 2/3 that the petitioner is in custody since 07.03.2025. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. From perusal of the FIR, it would manifest that there is no specific allegation of firing against the petitioner, rather the same is against co-accused, Deepak Kumar. Allegation against the petitioner is of order giver. There is no eye witness to the occurrence. There is land dispute between the parties. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no specific allegation against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Murliganj P.S. Case No. 12 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.72028 of 2025(2) dt.13-10-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T