IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11374 of 2025 Arising Out of PS. Case No.-283 Year-2023 Thana- CHAUSA District- Madhepura ====================================================== 1. Biresh Yadav Son of Shyam Sundar Yadav Resident of village- Dhuria Sautari PS- Chausa District -Madhepura 2. Ritesh Yadav son of Shyam Sundar Yadav Resident of village- Dhuria Sautari PS- Chausa District -Madhepura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Barun Kumar Singh For the Opposite Party/s : Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 2 07-03-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. 3. Petitioners along with other accused persons are said to have came at the place of occurrence armed with lathi and arms and started abusing and forbade the informant from ploughing the field. On objection, co-accused Ashok Yadav fired from his firearms which hit Sohni Kumari who died on the spot. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is no specific allegation of firing against the petitioners and allegations are general and omnibus in nature. He submits that there is specific allegation of firing is Patna High Court CR. MISC. No.11374 of 2025(2) dt.07-03-2025 2/2 against co-accused Ashok Yadav. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that the similarly situated co-accused has already been granted bail by this Court vide order dated 24.07.2024 passed in Cr. Misc. No. 46272 of 2024. He further submits that petitioner no. 1 has one criminal antecedent and petitioner no. 2 has no criminal antecedent as stated in para-3 of the bail application. 5. Learned APP for the State opposes the prayer for bail. 6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chausa P.S. Case No. 283 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. devendra/- (Anjani Kumar Sharan, J) U T