Siti Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74019 of 2025 Arising Out of PS. Case No.-110 Year-2025 Thana- Madhusudanpur District- Bhagalpur ====================================================== Siti Yadav S/O Ghanshyam Yadav Resident Of Village- Golahu, P.SMadhusudanpur, Distt.- Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash Dwivedi, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 28-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Madhusudanpur P.S. Case No. 110 of 2025 registered for the offences punishable under Sections 310(4), 310(5) of BNS and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per prosecution case, three live cartridges and two empty cartridges were recovered from possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner is in custody since 11.07.2025. Petitioner bears criminal antecedent of three cases in which he is on bail. Search

Patna High Court CR. MISC. No.74019 of 2025(2) dt.28-11-2025 2/3 and seizure have not been made as per Section 103 BNSS. He further submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.

5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner and submits that there is alleged recovery of three live cartridges as well as two empty cartridges from possession of the petitioner and hence, he does not deserve bail.

6. Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Bhagalpur in connection with Madhusudanpur P.S. Case No. 110 of 2025, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn

Patna High Court CR. MISC. No.74019 of 2025(2) dt.28-11-2025 3/3 the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(iv) Petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of every month. (Alok Kumar Pandey, J) shahzad/- U T