Kamlesh Kumar Yadav @ Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82249 of 2025 Arising Out of PS. Case No.-302 Year-2025 Thana- LADANIA District- Madhubani ====================================================== Kamlesh Kumar yadav @ Kamlesh Yadav son of Shyam Yadav aged about 19 years, Resident of Village- Ekhari Virindavan PS -Ladaniya Dist -Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody in a case registered for the offence punishable under Sections 303(2), 351(2) of BNS and Section 25(1-B)(a) 26 Arms Act.

3. As per the prosecution case, it is alleged that on 26.08.2025 at about 4:30 P.M, the petitioner has stolen the goat of the informant and demanded extortion and when informant tried to caught him then the petitioner fled away on the point of pistol. On 27.08.2025, the petitioner was seen at near the Ekhari Navtoli Bridge, then the villagers caught him and on search, from his left pocket, one country made pistol and from his right pocket one live cartridge has been recovered.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.82249 of 2025(2) dt.03-12-2025 2/2 petitioner is innocent and has falsely been implicated in this case. He next submits that no incriminating article has been recovered from the possession of the petitioner. He next submits that there is no mention of property in the FIR for extortion. He next submits that from perusal of the FIR, it is evident that the alleged arms were seized by the informant/villagers and not by the police personnel, so the petitioner has no concern with the alleged recovered arms. He next submits that petitioner is in custody since 28.08.2025 and has got no criminal antecedent as stated in para-3 of the bail petition.

5. Learned APP for the State opposes the prayer for Regular bail of the petitioner.

6. Considering the facts and circumstances of the case as well as the submissions made by learned counsel for the petitioner, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Ladaniya P.S. Case No.302 of 2025.

(Ramesh Chand Malviya, J) Harshita/- U T