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Patna High CourtCR. MISC./75774/2025disposed

Kedar Yadav v. The State Of Bihar

2026-02-24Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75774 of 2025 Arising Out of PS. Case No.-97 Year-2025 Thana- KAJRA District- Lakhisarai ====================================================== 1.

Kedar Yadav Son of Late Kamal Yadav R/O Village - Basuhar, P.S.- Kajra, District - Lakhisarai 2.

Vikash Yadav Son of Late Kapil Yadav R/O Village - Basuhar, P.S.- Kajra, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-02-2026 Heard Mr.Ravish Mishra, learned counsel for the petitioners and the State.

2. The petitioners are apprehending arrest in connection with Kajra P.S. Case No. 97 of 2025 instituted under Sections 126(2), 115(2), 351, 352, 190, 191(2) of the Bhartiya Nayay Sanhita, 2023 and section 27 of the Arms Act lodged on 30.07.2025 by the informant, Naresh Yadav.

3. As per the prosecution story, the informant alleged that while he was sitting at his cattle encloser, the accused persons came there opened fire as also abused. As he opened the window to witness the same, Chhotu Yadav and others opened fire which however, did not hit.

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4. The allegation is that in the year 2017, his nephew was murdered by Chhotu Yadav and remained in jail for some time. This led to the FIR.

5. Learned counsel for the petitioners submit that though allegation of firing has been made, no one was injured and only to implicate all the family members have rounded up. Further, they do not have criminal antecedent and the last submission is that similar situate Foso Yadav has been extended relief in Cr. Misc. No. 90906 of 2025 by a coordinate bench of this Court on 24.02.2026.

6. Learned APP opposes the prayer submitting that the role has also come in the FIR.

7. Taking into the submissions of the parties as also that the similar situate Foso Yadav has been extended relief, as recorded above, in that background, this Court is inclined to extend them the privilege of anticipatory bail.

8. Let the petitioners be released on bail, in the event of their arrest or surrender before the concerned court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Kajra P.S. Case No. 97 of 2025 to the satisfaction of learned Chief Judicial

3/4 Magistrate, Lakhisarai subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his/her bona fide;

(ii) The petitioners shall be appearing before the police station as and when required for cooperating in the investigation;

(iii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself; (iv) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (v) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

4/4 (vi) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Ravi/- U T