Biko Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79615 of 2025 Arising Out of PS. Case No.-64 Year-2025 Thana- Mufassil District- Khagaria ====================================================== Biko Yadav Son of Tapsi Yadav Resident of Village - Tika Rampur, Bhim Tola, P.S.- Muffasil, District - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nakul Kumar Jamuar, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and Mr. Umeshanand Pandit, learned A.P.P. for the State.

2. Petitioner seeks regular bail in a case registered for the offence punishable under Sections 103(1), 61(2) and 3(5) of the BNS.

3. As per the prosecution case, on 02.05.2025 the informant along with his brother (Sanoj Yadav) was going to cut the maize in his field and reached near Kumari tola, meanwhile, all the accused persons including this petitioner armed with lethal weapon surrounded the informant and his brother. Informant alleged that Tapsi Yadav order to kill Sanoj Yadav but anyhow he managed to flee away from there and arrived his hom and informed his family members about the incident. On 03.05.2025, the dead body of Sanoj Yadav was found in Ekania Bahiyar. Informant alleged that his brother was killed with

Patna High Court CR. MISC. No.79615 of 2025(2) dt.27-11-2025 2/2 khanti and iron rod by putting knot around his neck.

4. Learned counsel for the petitioner submits that there is delay of three days in lodging the FIR, without any plausible explanation. Informant is not an eye witness to the alleged occurrence. Allegation is general and omnibus against this petitioner. Similarly situated other co-accused person Tapsi Yadav has already been granted the privilege of anticipatory bail by this Court vide order dated 04.11.2025 passed in Cr. Misc. No. 48510 of 2025. Petitioner claims clean antecedent and is in custody since 12.08.2025. Charge-sheet has already been submitted.

5. Learned A.P.P. for the State vehemently opposes the bail application.

6. Considering the aforesaid facts and circumstances of the case, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District JudgeIII, Khagaria in connection with Khagaria Muffasil P. S. Case No. 64 of 2025.

(Prabhat Kumar Singh, J) AjayMishra/- U T