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2025 DAILYLAW 7919 (PAT)

Rishi Yadav v. The State of Bihar

CR. MISC./5168/2025 · 2025-04-18

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5168 of 2025 Arising Out of PS. Case No.-97 Year-2024 Thana- Babarganj District- Bhagalpur ====================================================== Rishi Yadav S/o Kamdev Yadav R/o vill - Manikpur, Kutubganj, P.S - Babarganj, Distt.- Bhagalpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar Sinha, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P. For the Informant : Mr. Ashutosh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 18-04-2025 Heard learned counsel for the petitioner, informant and the State. 2. Petitioner seeks regular bail in connection with Babarganj P. S. Case No. 97/2024 in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 115(2), 118(1), 117(2), 118(2), 109 of the Bharatiya Nyaya Sanhita, Section 3 of the Explosive Substances Act and Section 27 of the Arms Act. 3. As per prosecution case, on 09.09.2024 at about 11:30 PM, all the F.I.R. named accused persons including this petitioner were creating nuisance and when informant came out of the house and objected, all of them brutally assaulted informant and his son with deadly weapons, threw bombs and Patna High Court CR. MISC. No.5168 of 2025(3) dt.18-04-2025 2/3 fired shots due to which they sustained severe injuries. It is further alleged that the accused persons also threatened to kill the informant. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. As a matter of fact, on the auspicious day of Janmashtami, an orchestra was organized in which son of the informant came in drunken condition and misbehaved with the women performing on stage which led to an occurrence of maar-peet between the parties. Case and counter case. Allegation against the petitioner is general and omnibus and there is no allegation of specific overt act against him. It is further submitted that similarly situated co- accused persons have already been granted bail by this Hon’ble Court vide order dated 28.01.2025 passed in Cr. Misc. No. 87552 of 2024. Petitioner is in custody since 22.09.2024. Charge-sheet has already been submitted. 5. Learned A.P.P. for the State vehemently opposes the bail application. 6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the Patna High Court CR. MISC. No.5168 of 2025(3) dt.18-04-2025 3/3 like amount each to the satisfaction of Additional Sessions Judge-I, Bhagalpur in connection with Babarganj P. S. Case No. 97 of 2024. Navya/- (Prabhat Kumar Singh, J) U T