Brahmanand Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88426 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- Patarghat District- Saharsa ====================================================== Brahmanand Yadav S/O Late Duni Lal Yadav @ Duni Yadav R/O Vill.- Uanti(Uti Tola), Navtoliya, Ward no. 15, Post- Amirta, P.S.- Sourbazar, Block- Patarghat, Dist.- Saharsa Sadar, Bihar- 851217 ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shekhar Kumar Singh For the Opposite Party/s :
Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 04-04-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. Learned counsel for the petitioner submits that due to typographical error, the P.S. in the present case has been wrongly typed as P.S. Sourbazaar instead of P.S. Patarghat. The learned counsel for the petitioner is permitted to make necessary changes in the address portion of petitioner.
3. The petitioner makes a prayer for bail in connection with Patarghat P.S. Case No.156 of 2024, for offences under Sections 126(2), 115, 103(1), 61, 354, 351(2) (3) (5) of the B.N.S. and Section 27 of the Arms Act.
4. A perusal of the First Information Report, discloses that on 01.08.2024, one Rakesh Yadav had called the husband of
Patna High Court CR. MISC. No.88426 of 2024(3) dt.04-04-2025 2/3 the informant, Madan Yadav from his house and subsequently, one Ashok Yadav was overheard talking over phone that Madan Yadav, who had gone along with Rakesh Yadav, had to be shot dead. After hearing this, the informant ran to look for her husband and after going at some distance, she saw that 7 accused persons, not being this petitioner, were armed with pistols and remaining accused persons, 8-22, were all carrying sticks and lathis in their hands and they were beating her husband with the intention to kill him.
5. Learned counsel for the petitioner submits that it would be apparent from a bare perusal of the First Information Report that there is no allegation against the petitioner and the petitioner is named at serial number 8, who is aged about 70 years. Learned counsel for the petitioner submits that he has no criminal antecedent and is in custody since 03.08.2024.
6. Learned APP for the State opposes the prayer for bail application.
7. Considering the fact that the allegations against the petitioner do not have a corresponding injury and the petitioner has no criminal antecedent, the petitioner is enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned
Patna High Court CR. MISC. No.88426 of 2024(3) dt.04-04-2025 3/3 C.J.M., Saharsa, in connection with Patarghat P.S. Case No.156 of 2024, subject to the condition that the petitioner shall cooperate in the investigation/trial. (Soni Shrivastava, J) sharun/- U T