Akshay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.92077 of 2025 Arising Out of PS. Case No.-255 Year-2025 Thana- BAUNSI District- Banka ====================================================== Akshay Kumar Yadav, Son of Dipak Prasad Yadav, Resident of VillageHasdiha, P.S.- Hasdiha, District- Dumka (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alka Panday, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bounsi P.S. Case No. 255 of 2025 dated 31.08.2025, instituted for the offence punishable under Sections 309(6), 103(1) of Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. The prosecution case, in short, is that on the alleged date of occurrence, four masked criminals entered Shiv Jewellers at Station Road where the informant's husband was doing business. The assailants opened fire inside the shop, causing serious gunshot injuries to the husband of the informant. Later, the husband of the informant succumbed to injuries during treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.92077 of 2025(2) dt.15-01-2026 2/2 case. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. Only on the basis of confessional statement of co-accused, Ankit Kymar Yadav, the name of the petitioner has been dragged in this case. Nothing has been recovered either from the conscious possession of the petitioner or from his house. It is further submitted that the arms were recovered from the possession of Ankit Kumar Yadav. There is no cogent material against the petitioner except the confessional statement of the co-accused Ankit Kumar Yadav. Lastly, it has been submitted that the petitioner is in custody since 27.09.2025 having no criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in Bounsi P.S. Case No. 255 of 2025.

(Khatim Reza, J) premchand/- U T