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2025 DAILYLAW 88352 (PAT)

Vishal Yadav @ Bishal Yadav v. The State of Bihar

CR. MISC./87813/2024 · 2025-04-08

Ashok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87813 of 2024 Arising Out of PS. Case No.-664 Year-2021 Thana- BARHARA District- Bhojpur ====================================================== Vishal Yadav @ Bishal Yadav, Son of Late Tejan Yadav, R/o Village- Khawaspur (kachahari tola), P.S. -Barhara, District -Bhojpur ... ... Petitioner/s Versus 1. The State of Bihar 2. Nitu Kumari, Daughter of Bhadai Bind, R/o Village- Khawaspur(kachahari tola), P.S. -Barhara, District -Bhojpur ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 08-04-2025 Heard Mr. Bhaskar Shankar, learned counsel for the petitioner and Mr. B.N. Pandey, learned APP for the State. 2. The petitioner has prayed for bail in connection with Barhara (Khawaspur O.P.) P.S. Case No. 664 of 2021 registered for the offence punishable under Sections 376, 147, 341, 323, 325, 379, 504 and 506 of the Indian Penal Code, Sections 4/8 of the POCSO Act and Section 27 of the Arms Act. 3. The case of the prosecution is that the petitioner along with others entered in the house of the informant and it is alleged that he along with other accused persons attempted rape upon her and her sister. 4. Learned counsel appearing on behalf of the Patna High Court CR. MISC. No.87813 of 2024(3) dt.08-04-2025 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It has further been submitted that during course of investigation, both the victims were examined. One of the victims has stated that the petitioner could not commit rape and second victim has stated that she did not identify the petitioner. It has also been submitted that similarly situated co-accused, namely, Vikky Yadav has been granted bail by learned Co- ordinate Bench of this Court vide order dated 29.11.2024 in Cr. Misc. No. 71439 of 2024. The case of this petitioner stands on similar footing. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 13.08.2024. 5. The application for bail is opposed by learned APP for the State. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned VIth Additional Sessions Judge-cum-Special Court, POCSO, Patna High Court CR. MISC. No.87813 of 2024(3) dt.08-04-2025 3/3 Bhojpur at Ara in connection with Barhara (Khawaspur O.P.) P.S. Case No. 664 of 2021. lata/- (Ashok Kumar Pandey, J) U T