CR. MISC./6545/2026 of Sunil Yadav Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6545 of 2026 Arising Out of PS. Case No.-54 Year-2025 Thana- IMADPUR District- Bhojpur ====================================================== Sunil Yadav S/O Hira Lal Yadav Resident of village- Rajpur,P.S.- Imadpur,District-Bhojpur ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Ms. Malti Kumari For the Opposite Party/s: Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 3 09-04-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 01.09.2025 in connection with Imadpur P.S. Case No. 54 of 2025 for the offences punishable under Sections 309(4) and 3(5) of BNS. 3. The prosecution story, in brief, is that on 26 April 2015, Vishwajeet Bhartiy was returning home after his workday, at around 12.35 PM he left school on his black Honda SP 125 Motorcycle, registration no. BR03AN2376 heading toward his village Nanhi. By 1.00 P.Μ. as he reached the main road near Balu Ghat under the Imadpur Station, two men on a black and blue splendor signaled for him to stop and quickly overtook. The man sitting on the back of the Splendor pulled a country Patna High Court CR. MISC. No.6545 of 2026(3) dt.09-04-2026 2/4 made pistol from his waist and armed at Vishwajeet Bharti, the other individual who was about 5 feet 5 inches tall . Speaking in Bhojpuri they threatened him saying if you make any noise, we will shoot you stand still. Thereafter, the robbers took his Vivo T3 ultra 5G mobile phone and his black wallet which contained about Rs.1000. They handed back his Aadhar Card and ATM Card but there his backpack into the bushes. Then the man in white shirt on Vishwajeet's Motorcycle (Honda SP 125 Reg. No. BR03AN2376) and the robbers left towards Bihta Tarari. 4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and the name of the petitioner has transpired on the basis of confessional statement of co- accused person, namely, Sunil Kumar which was recorded in paragraph no. 113 of the case diary. Learned counsel for the petitioner further submits that except the confessional statement of co-accused person no other cogent material has come during the investigation to suggest the involvement of the petitioner in the present occurrence and nothing has been recovered from the conscious possession of the petitioner or from the house of the petitioner and no TIP has been conducted by the prosecution, it is next submitted that police after investigation has submitted charge-sheet and the petitioner is in custody since 1.9.2025. Patna High Court CR. MISC. No.6545 of 2026(3) dt.09-04-2026 3/4 5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that petitioner has antecedent of four cases other than the present case but fairly submits that the petitioner is on bail in three cases and one case is pending for consideration before the competent court of law. 6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court of Additional Chief Judicial Magistrate 1 st Bhojpur at Ara in connection with Imadpur P.S. Case No. 54 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall Patna High Court CR. MISC. No.6545 of 2026(3) dt.09-04-2026 4/4 verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Gaurav Sinha/- (Rajesh Kumar Verma, J) U T