Durgesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.494 of 2025 Arising Out of PS. Case No.-174 Year-2024 Thana- DHANAHA District- West Champaran ====================================================== Durgesh Yadav Son of Mohan Yadav Resident of Village- Sugahi, Police station - Ravindra Nagar Dhus, Distt.- Kushinagar (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-02-2025 Heard Mr. Brij Kishor Mishra, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.

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

3. There is allegation against the petitioner to hatch a conspiracy to kill the deceased.

4. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that the apprehended co-accused has disclosed the name of the petitioner. He submits that except the confessional statement of co-accused there is no any material against the petitioner. He further submits that petitioner has five criminal antecedents as stated in para-3 of the

Patna High Court CR. MISC. No.494 of 2025(2) dt.12-02-2025 2/2 bail application and he is languishing in judicial custody since 09.09.2024.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected in connection with Dhanaha P.S. Case No. 174 of 2024.

7. However, the petitioner is at liberty to renew his prayer for bail after framing of charge.

(Anjani Kumar Sharan, J) devendra/- U T