IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4289 of 2025 Arising Out of PS. Case No.-323 Year-2025 Thana- ARA NAGAR District- Bhojpur ====================================================== Manoj Yadav @ Pramod Yadav, S/o- Late Musha Yadav, R/v- Moti Tola, P.S.- Ara Nagar, Dist- Bhojpur ... ... Appellant/s Versus 1. The State of Bihar 2. Sudama Ram S/o- Late Vishwanath Ram R/v- Shivganj Ambedkar Colony Ps- Ara Nagar Dist- Bhojpur ... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 4273 of 2025 Arising Out of PS. Case No.-323 Year-2025 Thana- ARA NAGAR District- Bhojpur ====================================================== Pramod Yadav, Son of Late Musha Yadav, R/o Village - Moti Tola, P.S. - Ara Nagar, Dist. - Bhojpur. ... ... Appellant/s Versus 1. The State of Bihar 2. Sudama Das, Son of Late Vishwanath Ram, R/o Village - Shivganj Ambedkar Colony, P.S. - Ara Nagar, Dist. - Bhojpur. ... ... Respondent/s ====================================================== Appearance : (In CRIMINAL APPEAL (SJ) No. 4289 of 2025) For the Appellant/s : Ms. Priya, Advocate Mr. Prabhat Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. P.P. (In CRIMINAL APPEAL (SJ) No. 4273 of 2025) For the Appellant/s : Ms. Priya, Advocate Mr. Prabhat Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 5 28-01-2026 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State. 2. The instant appeal has been filed by the appellants Patna High Court CR. APP (SJ) No.4289 of 2025(5) dt.28-01-2026 2/4 against the order dated 12.09.2025 passed by learned Court of 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Bhojpur at Ara whereby the prayer for bail of the appellants in connection with Ara Town P.S. Case No. 323 of 2025 under Sections 103(1) and 61(2) of B.N.S., Section 27 of the Arms Act and Sections 3(2)(v) of SC/ST Act and later on Sections 25(1- b)a, 26 and 35 of the Arms Act added was rejected. 3. The case of the prosecution, in short, is that the son of the respondent was sitting before his door. At that time, three persons on a pulsar bike arrived and started making firing indiscriminately. The respondent came out of the house hearing the sound of the firing and saw that Sudhir Yadav, Jitendra Yadav and Amit Yadav were there. Sudhir Yadav and Jitendra Yadav were firing with pistol. The son of the respondent fell down there in a pool of blood. It is further alleged that Amit was driving the pulsar and kept his bike in start mode. The injured was rushed to the Sadar Hospital where he was declared dead. It is further alleged that near the house of the respondent there is cowshed of Manoj Yadav, Musa Yadav and Pramod Yadav. It is alleged that they along with son-in-law of Pramod Yadav, namely, Sonu Yadav have worked as liner. They were seen in the morning between 7:00 A.M. to 8:00 A.M. passing by bike Patna High Court CR. APP (SJ) No.4289 of 2025(5) dt.28-01-2026 3/4 and were calling on mobile somebody. 4. It is submitted by learned counsel for the appellants that appellants are innocent and they have been falsely implicated in this case. From perusal of the F.I.R., it is clear that the main thrust of allegation is against Sudhir, Jitendra and Amit. As far as these appellants are concerned, it is clear that the role attributed to them is that they were working as liner. During course of investigation, Sudhir Yadav, one of the assailants has given his confessional statement and in his confessional statement, he has stated that the appellants have done reiki of the house of the respondent. Learned counsel for the appellants has further submitted that the story of reiki has cropped during investigation which is based only on the confessional statement of the co-accused. It has also been submitted that save and except the confessional statement, there is nothing to support the story of reiki even the C.D.R. of the mobile of the appellants was not collected by the I.O. during investigation. The appellants are languishing in judicial custody since 19.05.2025. 5. The appeal for bail is vehemently opposed by learned Spl. P.P. for the State and has submitted that during investigation Sudhir and Jilendra have given their confessional statement and have stated that these appellants were indulged in Patna High Court CR. APP (SJ) No.4289 of 2025(5) dt.28-01-2026 4/4 reiki and thereafter the offence was committed by the main assailant. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 12.09.2025 passed in connection with Ara Town P.S. Case No. 323 of 2025 is hereby set aside. 7. The appellants are directed to be enlarged on bail in connection with Ara Town P.S. Case No. 323 of 2025 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court of 1st Additional Sessions Judge-cum- Special Judge, SC/ST Act, Bhojpur at Ara. lata/- (Ashok Kumar Pandey, J) U T