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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79895 of 2025 Arising Out of PS. Case No.-184 Year-2025 Thana- SAMASTIPUR MUFFASIL District- Samastipur ====================================================== Yashwant Kumar S/O Late Umesh Rai R/O Village- Bhusari Chhatauna, P.S- Samastipur Moffussil, Distt.- Samastipur, Bihar-848101. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Piyush Kumar Pandey For the Opposite Party/s : Mr. Ajay Kumar Jha ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 05-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Samastipur (Muffasil) P.S. Case No. 184 of 2025 dated 03.05.2025 registered for the offences punishable under Sections 126(2), 109, 351(2) read with Section 3(5) of the B.N.S. and Sections 25(1-B)(a) and 27 of the Arms Act.
3. As per the prosecution case, when the son of the informant went to the door of his house to tie the cow, the co- accused Lalbabu Rai exhorted Balwant Kumar and the petitioner, Yaswant Kumar to kill him on which the co-accused and the petitioner, Yaswant Kumar caught hold of his hands and
Patna High Court CR. MISC. No.79895 of 2025(2) dt.05-12-2025 2/3 the co-accused Pankaj Paswan @ Malinga fired three rounds from his pistol with intent to kill him which hit in the waist and thigh of the informant’s son. It is further alleged that when police reached there, two live cartridges and one empty cartridge were recovered from the spot.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner rather the specific allegation of firing is against the co-accused, Pankaj Paswan @ Malinga. The only allegation against the petitioner is of catching hold of the deceased. The other co- accused person has already been granted bail by this court vide
order dated 10.09.2025 passed in Cr. Misc. No. 54318/2025. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.08.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above- named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court
Patna High Court CR. MISC. No.79895 of 2025(2) dt.05-12-2025 3/3 concerned, Samastipur in connection with Samastipur (Muffasil) P.S. Case No. 184 of 2025, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
atul/- (Chandra Prakash Singh, J) U T