Kishori Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81128 of 2025 Arising Out of PS. Case No.-332 Year-2025 Thana- GRIYAK District- Nalanda ====================================================== Kishori Yadav S/O Sukhdeo Yadav Resident of Village- Sataua Beldari, Police Station- Giriyak, Dist.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 80813 of 2025 Arising Out of PS. Case No.-332 Year-2025 Thana- GRIYAK District- Nalanda ====================================================== Munni Yadav Son of Sukhdeo Yadav R/o Village- Sataua Beldari, P.S.- Giriyak, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 81128 of 2025) For the Petitioner/s :
Mr.Parijat Saurav, Adv.
For the Opposite Party/s :
Mr. Bharat Lal, APP (In CRIMINAL MISCELLANEOUS No. 80813 of 2025) For the Petitioner/s :
Mr.Parijat Saurav, Adv.
For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 11-02-2026 Heard learned counsel for the petitioners and learned APP for the State in both the cases.
2. The petitioners are apprehending their arrest in connection with Giriyak P.S. Case No. 332 of 2025 dated 27.07.2025 registered for the offence punishable under Sections 55(1), 61(2)(a) of the Bhartiya Nyaya Sanhita, 2023 and Section
2/4 25(1-B)a, 26 and 35 of the Arms Act.
3. As per prosecution case, based on a police tip-off, a raid was conducted at Mantu Kumar's house and from where the police apprehended five co-accused persons attempting to flee and recovered an illegal iron pistol, a magazine and total 35 live cartridges hidden in the premises. In the meantime, the petitioner Munni Yadav managed to escape from the custody. It is alleged that during interrogation, co-accused Mantu Kumar confessed that the weapons were supplied by his uncle, Kishore Yadav for a planned murder and, thereafter, the police conducted second raid and arrested co-accused Ajay Kumar from whose possession, on mobile phone was recovered.
4. Learned counsel for the petitioners submits that the seized articles are said to have been recovered from the house of co-accused Mantu Kumar while the name of the petitioner Kishori Yadav is said to have transpired on the basis of confessional statement whereas nothing incriminating is said to have been recovered from the house of the petitioner Kishori Yadav when the said house was put on search in his absence. In respect of petitioner Munni Yadav, the allegation is of having fled away after jumping from the house of co-accused Mantu Kumar.
3/4
5. It is next submitted that the petitioner Kishori Yadav has two criminal antecedents out of which in one of them he is on police bail whereas, in another case, he is on bail. The petitioner Munni Yadav has one criminal antecedent in which he is on police bail. Learned counsel for the petitioners undertakes that the petitioners will cooperate in the investigation and, in case of the names of the petitioners falling in any such cases in future and on finding the allegations to be true, the prosecution will be at liberty to seek cancellation of the bail bonds.
6. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioners.
7. Having considered the entire facts and circumstances of the case as also taking into account the undertakings given by the counsel for the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda (Bihar Sharif) in connection with Giriyak P.S. Case No. 332 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. as well as the following conditions:
4/4 (i) One of the bailors should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) 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 bonds by the Trial Court itself;
(iii) 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;
(iv) 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. (Ajit Kumar, J) rishi/- U T