Shailendra Yadav @ Shailendar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82970 of 2025 Arising Out of PS. Case No.-225 Year-2025 Thana- NARDIGANJ District- Nawada ====================================================== Shailendra Yadav @ Shailendar Yadav, S/o Suresh Yadav @ Suresh Prasad, R/o Village - Afjalpur Parariya @ Abdalpur Parariya @ Bhelu Bigha, P.S - Nardiganj, District - Nawada.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Arvind Kumar, Advocate For the State :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Nardiganj P.S. Case No.225 of 2025, dated13.06.2025, registered for the offences punishable under Sections 126(2), 127(2), 351(2), 352, 115(2), 109, 3(5) of the B.N.S. & Section 25(1-b)a, 35, 26, 27 of the Arms Act.
3. As per allegation, with intent to evict their sister/informant, who is running a shop in her father's house, the Petitioner and co-accused, Surender Kumar used to threaten and abuse the informant/sister. It is the further case of the prosecution that on 13.06.2025, the informant was abused, assaulted and was also asked to leave their house. As per further
Patna High Court CR. MISC. No.82970 of 2025(2) dt.23-12-2025 2/3 case of the prosecution, the co-accused, Surender Yadav attempted to kill her by country-made pistol. After seeing the police, both Shailendra Kumar and Surender Yadav fled away throwing their pistol and cartridge in the room. However, Surender Kumar was apprehended by the police and one country made pistol and four live cartridges and one empty cartridge were recovered from his possession.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case due the family dispute by his sister, who is living at her parents house and running a shop. He also submits that there is no recovery of any arms or cartridge from his possession, nor is there any allegation against him that he has fired at her.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named,
Patna High Court CR. MISC. No.82970 of 2025(2) dt.23-12-2025 3/3 to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Nardiganj P.S. Case No.225 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T