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2025 DAILYLAW 43451 (PAT)

Pappu Yadav @ Pappu Kumar v. The State of Bihar

CR. MISC./32565/2025 · 2025-05-20

Sourendra Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31912 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- KHUDWA District- Aurangabad ====================================================== Indraloki Yadav @ Indraloki Kumar @ Indralok Kumar S/O Shivpujan Yadav Village- Imamganj, PS- Obra, District- Aurangabad ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 32565 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- KHUDWA District- Aurangabad ====================================================== Pappu Yadav @ Pappu Kumar S/O Vinay Yadav @ Ram Vinay Singh R/O Village- Ahirari, P.S- Khudwan, Distt.- Aurangabad. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 31912 of 2025) For the Petitioner/s : Mr.Krishna Prasad Singh, Sr. Advocate Ms.Sneha Shruti, Advocate For the Opposite Party/s : Mr.Syed Mojibur Rahman,APP (In CRIMINAL MISCELLANEOUS No. 32565 of 2025) For the Petitioner/s : Ms.Mukul Kumari,Advocate For the Opposite Party/s : Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 2 20-05-2025 Heard Mr. Krishna Prasad Singh, learned Senior Counsel for the petitioners assisted by Ms. Sneha Shruti, learned Advocate and learned Additional Public Prosecutor for the State. 2. The petitioners seek bail in connection with Khudwa P.S. Case No. 2/2025 registered for the offences under Patna High Court CR. MISC. No.31912 of 2025(2) dt.20-05-2025 2/4 Sections 103(1), 191(2), 191(3), 190, 127(1), 115(2), 118(1), 117(2), 125(a), 125(b), 109(1) of B.N.S. 3. As per the prosecution case, the informant namely Bikki Kumari alleged that on 09.01.2025 while he and his brother were returning home after watching football match, 25 named accused persons including the petitioners variously armed with iron rod, lathi, danda etc. assaulted the brother of the informant. As per FIR, there is specific allegation against co- accused namely Ram Prasad Singh, Dhiraj Kumar, Neelam Kuamr to have assaulted the informant’s brother with farsa, lathi-danda due to which he sustained serious injury on his head. 4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Learned counsel further submits that there is general and omnibus allegation against the petitioners. Learned counsel further submits that no independent witness has supported the prosecution. It is lastly submitted that the petitioner namely Indraloki Yadav has one criminal antecedent and petitioner namely Pappu Yadav has clean antecedent and they are languishing in custody since 15.01.2025. 5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioners have Patna High Court CR. MISC. No.31912 of 2025(2) dt.20-05-2025 3/4 assaulted the brother of the informant which ultimately led to his death. 6. Considering the aforesaid facts and circumstances of the case and taking into account that there is general and omnibus allegation against the petitioners, let the petitioners above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) on each of them with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar, District-Aurangabad in connection with Khudwa P.S. Case No. 2/2025 subject to the conditions :- a. One of the bailors of the petitioners shall be their close relative. b. The petitioners shall remain physically present in Court on each date of the trial. c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to the cancelled by the court concerned. d. The Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court Patna High Court CR. MISC. No.31912 of 2025(2) dt.20-05-2025 4/4 below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the afore- mentioned order shall not be delayed for purpose of or in the name of verification. tusharika/- (Sourendra Pandey, J) U T