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Patna High CourtCR. MISC./85874/2025bail granted

Shrikant Yadav v. The State Of Bihar

2025-12-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85874 of 2025 Arising Out of PS. Case No.-136 Year-2025 Thana- MAIRWAN District- Siwan ====================================================== Shrikant Yadav S/o Hridya Choudhari R/o Village - Phulwariya, P.S - Mairwa, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Singh, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-12-2025 Heard learned counsel for the parties.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103(1), 61 and 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. As per prosecution case, all 10 F.I.R. named accused persons, including this petitioner, along with 2 to 3 unknown persons, indiscriminately fired as a result of which, son of informant died.

4. It is submitted by learned counsel for the petitioner that as per F.I.R., all 10 named accused persons, along with 2 to 3 unknown persons, indiscriminately fired upon son of informant, however, as per post mortem report, only one fire arm injury was found on the body of the deceased, which itself falsifies the entire prosecution case. Allegation of firing is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. Moreover, charge-sheet has already been submitted and petitioner is in custody since 23.09.2025.

Patna High Court CR. MISC. No.85874 of 2025(2) dt.17-12-2025 2/2

5. Learned A.P.P. for the State opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, materials that have surfaced during course of investigation and period of custody, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate V, Siwan in Mairwa Police Station Case No. 136 of 2025.

(Prabhat Kumar Singh, J) Shashi U T