Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88360 of 2024 Arising Out of PS. Case No.-66 Year-2016 Thana- KARAI PARSURAI District- Nalanda ====================================================== 1.

Sanjay Yadav, Son of Late Baleshwar Yadav, Resident village- Nezamat, P.S.- Dhanarua, Dist- Patna 2.

Mangal Yadav, Son of Late Baleshwar Yadav, Resident of village- Nezamat, P.S.- Dhanarua, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Sr. Advocate Mr.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-04-2025 Heard Mr. Ajay Kumar Thakur, learned senior counsel for the petitioners and Mr. Binod Kumar, learned APP for the State.

2. The petitioners have prayed for bail in connection with Karaiparsurai P.S. Case No. 66 of 2016 registered for the offence punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that on 18.09.2016 at about 8.45 A.M. the informant's uncle proceeded towards Patna carrying milk. The informant was also following him on tempo carrying milk and he saw 7 persons including the petitioners surrounded his uncle and there is allegation of firing against

Patna High Court CR. MISC. No.88360 of 2024(4) dt.09-04-2025 2/3 Sumgar Yadav, Rohan Yadav, Sanjay Yadav and Upendra Yadav and allegation against Santosh Kumar, Navin Kumar and Mangal is of stabbing his uncle and thereafter, they fled away. Earlier also they had killed his father in the year 2012 and they are gotias and there is land dispute with them.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. It has further been submitted that at the time of occurrence, the petitioners were not at their village and they were at Raigarh and to substantiate it, Annexure-2 has been filed which is an information given to Kotwali P.S., Raigarh. It has also been submitted that similarly situated co-accused persons, namely, Navin Kumar, Upendra Yadav and Rohan Yadav have been granted bail by learned Co-ordinate Bench in Cr. Misc. No. 9532 of 2020, 14923 of 2020 and 23060 of 2021. The case of these petitioners stands on similar footing. Petitioners are languishing in judicial custody since 01.04.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named

Patna High Court CR. MISC. No.88360 of 2024(4) dt.09-04-2025 3/3 petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned 4th Additional Sessions Judge, Hilsa (Nalanda) in connection with Karaiparsurai P.S. Case No.66 of 2016.

(Ashok Kumar Pandey, J) lata/- U T