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2025 DAILYLAW 93432 (PAT)

Samresh Yadav @ Samresh Kumar Yadav v. The State of Bihar

CR. MISC./71726/2025 · 2025-12-09

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71726 of 2025 Arising Out of PS. Case No.-149 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== 1 . Samresh Yadav @ Samresh Kumar Yadav S/o Late Kameshwar Yadav @ Kameshwar Prasad Yadav @ kameshwar Prasad Resident of village- Siswa Basant, P.s.- kalyanpur, District- East champaran at motihari 2. Mithilesh Kumar @ Mithlesh Yadav S/o Late Kameshwar Yadav @ Kameshwar Prasad Yadav @ Kameshwar Prasad Resident of village- Siswa Basant, P.s.- kalyanpur, District- East champaran at motihari ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Prasad Singh, senior Advocate Mr. Rakesh Ranjan, Advocate For the Opposite Party/s : Mr. Anant Kumar 1, APP For informant : Mr. Sama Akhtar , Advocate Mr. Md Raghib Alam , Advocate Mr. Nafisuzzoha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 09-12-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State . 2. Petitioners seek regular bail in case registered for offence under Sections 302, 120(B), 34 of the Indian Penal Code . 3 . As per F.I.R., due to land dispute and previous enmity, all the F.I.R. named accused persons, including these Patna High Court CR. MISC. No.71726 of 2025(3) dt.09-12-2025 2/3 petitioners and two unknown persons assaulted the brother of informant with knife , as a result of which , he sustained injury and in course of treatment, died. It is further alleged that brother of informant (before his death) had clearly stated that these petitioners alongwith other co-accused persons had inflicted knife blow to him. 4. Mr. Krishna Prasad Singh, learned senior counsel for the petitioners submitted that as per F.I.R. these petitioners along with 5 other accused persons stab the deceased. However, in the Postmortem report, only one stabbed injury was found on the person of the deceased and as such, F.I.R. is contradicted by the Postmortem report. Petitioners claim clean antecedent and petitioner No. 1 is in custody since 30.07.2025 and petitioner No. 2 is in custody since 06.08.2025 . 5 . Learned counsel for the informant as well as learned A.P.P. for the State vehemently opposed the bail petition . 6. Considering the aforesaid facts, period of custody , clean antecedent of these petitioners and circumstances of the case , let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Patna High Court CR. MISC. No.71726 of 2025(3) dt.09-12-2025 3/3 learned Additional Chief Judicial Magistrate – 12 East Champaran at Motihari in connection with Kalyanpur PS Case No. 149 of 2022 . Koushik/- (Prabhat Kumar Singh, J) U T