IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87736 of 2025 Arising Out of PS. Case No.-2 Year-2005 Thana- SONO District- Jamui ====================================================== 1. Gurusahai Yadav @ Gurudayal Yadav Son of Dwarika Yadav Resident of Village- Kharik, P.S.- Sono ( Charkapathar), District -Jamui 2. Nuneshwr Yadav @ Kailu Yadav son of Dwarika yadav Resident of Village- Kharik, P.S.- Sono ( Charkapathar), District -Jamui ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 13-01-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Sono (Charkapathar) P.S. Case No. 02 of 2005 instituted for the offence under Sections 147, 148, 149, 353, 307, 414 & 121 of the Indian Penal Code, Sections 25(1-b)a, 26 & 27 of the Arms Act, Sections 3/5 of the Explosive Substance Act and Section 17 of the CLA Act. 3. On 11.01.2005, police acting on secret information raided ‘Pahar Baba Jungle’, where 20–25 armed naxalites in police uniform opened fire, leading to a counter-attack. Two accused, Mangal Rai and Bhola Thakur, were apprehended and Patna High Court CR. MISC. No.87736 of 2025(2) dt.13-01-2026 2/3 arms, cartridges, cash, and naxalite literature were recovered. They disclosed the names of other fleeing associates, including the petitioners. 4. It has been submitted on behalf of the petitioners that the petitioners are in custody since 24-05-2025. Petitioners bear no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application. 5. It has been further submitted by the petitioners’ counsel that petitioners have been falsely implicated in the present case. Learned counsel for the petitioners submits that neither petitioners have been apprehended from the alleged place of occurrence nor anything has been recovered from their possession and they have been implicated in the instant case on mere suspicion on the basis of confessional statement of co- accused, namely, Mangal Rai and Bhola Thakur. There is no specific allegation against the petitioners, hence, petitioners deserves the privilege of bail. Other co-accused has been granted bail by this Court vide order dated 22-09-2025, passed in Cr. Misc. No. 36659 of 2025. 6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7. Considering the aforesaid facts and circumstances Patna High Court CR. MISC. No.87736 of 2025(2) dt.13-01-2026 3/3 of the case, period of custody of the petitioners and there being no specific allegation against the petitioners as also claim based on parity, this Court is inclined to grant bail to the petitioners. 8. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sono (Charkapathar) P.S. Case No. 02 of 2005, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners. (II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners. Raj Kishore/- (Rudra Prakash Mishra, J) U T