Saroj Kumar @ Saroj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76167 of 2025 Arising Out of PS. Case No.-262 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== Saroj Kumar @ Saroj Kumar Yadav S/o Rambatar Yadav R/o Village- Sunder Birajit, P.S- Madhepur, Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hriday Narayan Harshit For the Opposite Party/s :
Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-11-2025 Heard parties.
2. This is the second attempt made on behalf of the petitioner for grant of bail in connection with Madhepur P.S. Case No. 262 of 2023, registered for the offences punishable under Sections 341, 307, 120(B), 302 of the Indian Penal Code and 27 of the Arms Act.
3. Earlier prayer for bail of the petitioner was turned down by this Court vide order dated 18.09.2024 in Cr. Misc. No. 48240 of 2024 after taking into consideration that the petitioner was found involved in eliminating the deceased by transferring money to the assailants. However, learned Advocate for the petitioner submits that taking into consideration the period of incarceration, on the last occasion while negating the prayer for bail of the petitioner, a liberty was accorded to renew his bail
Patna High Court CR. MISC. No.76167 of 2025(2) dt.07-11-2025 2/3 after framing of the charge; now charges have been framed. To support the aforesaid contention, the order of the learned trial court dated 30.06.2025 has been placed on record.
4. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioner has played active role in causing death of the deceased in collusion with his wife and during investigation it has been found that he has also transferred money to the assailants.
5. Considering the submissions advanced by the learned Advocates for the respective parties and taking note of the observation made by this Court as also the present position that the charges have been framed and the petitioner has been incarcerated since 26.11.2023, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned District Additional Sessions Judge, Jhanjharpur, Madhubani in connection with Madhepur P.S. Case No. 262 of 2023, subject to the condition that one of the bailors shall be the own/close family members of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the
Patna High Court CR. MISC. No.76167 of 2025(2) dt.07-11-2025 3/3 trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) The court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J) Anjani/- U T