Rajeev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79281 of 2025 Arising Out of PS. Case No.-149 Year-2025 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Rajeev Yadav S/O Devhari Yadav @ Deohari Yadav R/O Village- Gyantol Ward No. 12, P.S- Sahebpur Kamal, Distt.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kr. Thakur, Advocate Mrs. Vaishnavi Singh, Advocate Mr. Ritik Thakur, Advocate For the State :
Mr. Shantanu Kumar, APP For the Informant :
Mr. Manoj Kumar Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with Sahebpur Kamal P.S. Case No. 149 of 2025 dated 25.05.2025 instituted for the offence punishable under Sections 140(1), 103(1), 238, 3(5) of Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. The prosecution case, in short, is that on the alleged date of occurrence, on the order of co-accused Sita Devi and Rani Devi, co-accused, Dabloo Yadav, Ticker Yadav, Gaurav Yadav, Raushan Yadav, Parshuram Yadav and Uma Yadav took out pistol from their waist and started indiscriminate firing. All
2/4 of them assaulted son of the informant with butt of pistol, due to which he sustained several injuries. Subsequently, the deadbody of the informant's son was found covered in sand in the Diara area of Ganga river.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that no over act has been alleged against the petitioner. He is only alleged to be present at the place of occurrence. Learned counsel for the petitioner submits that similarly situated co-accused, namely, Satish Yadav @ Aman Kumar has been granted bail vide order dated 17.11.2025 passed by co-ordinate Bench of this Court in Criminal Miscellaneous No. 77193 of 2025. Lastly, it has been submitted that the petitioner is in custody since 11.06.2025 having one criminal case against him. Charge-sheet has been submitted in the case.
5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of
3/4 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Begusarai in connection with Sahebpur Kamal P.S. Case No. 149 of 2025, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. 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.
4/4
5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the framing of charge in the trial court.
(Khatim Reza, J) premchand/- U T