Neta @ Nitish Yadav @ Neta Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84298 of 2025 Arising Out of PS. Case No.-73 Year-2019 Thana- SILAO District- Nalanda ====================================================== Neta @ Nitish Yadav @ Neta Yadav Son of Sajo Yadav @ Sajo Gope, Resident of Village- Keshari Bigha, P.S.- Chhabilapur, District- Nalanda. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Kaushal Kishor, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Silao P.S. Case No. 73 of 2019 dated 05.04.2019, registered for the offences punishable under Sections 279, 337 and 338 of the Indian Penal Code. Later on Section 307 of the IPC was added.
3. As per the prosecution case, while the informant and his brother had been going somewhere, a Bolero vehicle being driven in negligent manner dashed the brother of the informant who fell down and received serious injury. The informant identified the petitioner and other co-accused persons who had been sitting in the offending vehicle. The informant showed his apprehension that these persons deliberately struck
Patna High Court CR. MISC. No.84298 of 2025(2) dt.09-12-2025 2/3 down the brother of the informant with intention of causing his death.
4. Learned counsel appearing on behalf of the petitioner submits that from the FIR it is clear that no offence is made out against the petitioner. There is no allegation against the petitioner except the statement of informant about the petitioner also sitting in the vehicle. Only on the apprehension of the petitioner, this false case has been launched and there is a land dispute between the parties as well. Learned counsel next submits that petitioner is having antecedent of 9 cases and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 16.11.2024.
5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the completely vague nature of allegation and further considering his period of custody and submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at
Patna High Court CR. MISC. No.84298 of 2025(2) dt.09-12-2025 3/3 Bihar Sharif / concerned Court, in connection with Silao P.S. Case No. 73 of 2019, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.
(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J) Shahnawaz/- U T