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Patna High CourtCR. MISC./86542/2025bail granted

Bibhuti Yadav @ Bibhuti Kumar Yadav v. The State Of Bihar

2025-12-22Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86542 of 2025 Arising Out of PS. Case No.-364 Year-2023 Thana- GOGRI District- Khagaria ====================================================== 1.

Bibhuti Yadav @ Bibhuti Kumar Yadav S/o Anil Yadav @ Anil Kumar Yadav Resident of - Usari, P.S - Gogri, District - Khagaria 2.

Veer Prakash @ Veer Prakash Yadav S/o Anil Yadav @ Anil Kumar Yadav Resident of - Usari, P.S - Gogri, District - Khagaria ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Jitendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 302/120B of the IPC and sections 25(1-B)(a), 26(1), 27(1) and 35 of the Arms Act.

3. As per prosecution case, all the FIR named accused persons including these petitioners made indiscriminate firing on informant side as a result of which son of informant

Patna High Court CR. MISC. No.86542 of 2025(2) dt.22-12-2025 2/3 sustained injuries and during during treatment.

4. It is submitted on behalf of the petitioners that these petitioners are innocent and have falsely been implicated in this case. From perusal of FIR, it appears that petitioners, at best be said to be conspirators. Co-accused who was apprehended on the spot, has disclosed names of nine accused persons including these petitioners as conspirators. Learned counsel submits that during course of investigation, there is no other direct or indirect evidence against the petitioners to show their complicity in the occurrence. In this case, entire family members of the petitioners have been roped in this case due to land dispute and previous enmity.

5. Learned counsel for the State opposes the prayer for pre-arrest bail.

6. Considering the aforesaid facts of the case, prayer for bail of all these petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Khagaria in Gogri Police Station Case No. 364/2023, subject to the conditions laid down under section 482 of the

Patna High Court CR. MISC. No.86542 of 2025(2) dt.22-12-2025 3/3 Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Shashi U T