Patna High Court – Orders
Jairam Yadav @ Prasad Yadav vs The State Of Bihar on 17 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4510 of 2025 Arising out of PS. Case No.-14 Year-2014 Thana- DUMARIYA District- Gaya ====================================================== Darogi Singh Bhokta @ Uma Singh Bhokta @ Darogi Singh, S/o Ramkhelawan Singh Bhokta, R/o Vil.- Chhakarbandha, P.S- Dumariya, Dist .- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 6897 of 2025 Arising out of PS. Case No.-14 Year-2014 Thana- DUMARIYA District- Gaya ====================================================== Lalvir Singh @ Vikash Singh @ Mol Singh Bhagat @ Bhola Singh Bhokta @ Vikash Singh Bhokta, S/o- Bigan Singh @ Vigan Singh Bhokta, Resident of Village- Mohrav, P.S. Dumaria, District- Gaya, ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 24787 of 2025 Arising out of PS. Case No.-14 Year-2014 Thana- DUMARIYA District- Gaya ====================================================== Jairam Yadav @ Prasad Yadav Son of Mannu Yadav @ Bhun Yadav, Resident of Village - Baghpur, P.S.- Maigra, Distt.- Gaya. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 28781 of 2025 Arising out of PS. Case No.-14 Year-2014 Thana- DUMARIYA District- Gaya ====================================================== Sanjay Yadav @ Ram Sanan Yadav Son of Rambharat Yadav @ Rambhart Yadav Vill -Naikadih PS-Maigra Dist -Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s Patna High Court CR. MISC. No.4510 of 2025(5) dt.17-06-2025 2/7 ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 4510 of 2025) For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s: Ms. Rita Verma, APP (In CRIMINAL MISCELLANEOUS No. 6897 of 2025) For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s: Mr. Kumar Veerendra Narayan, APP (In CRIMINAL MISCELLANEOUS No. 24787 of 2025) For the Petitioner/s : Mr.Vijay Kumar, Advocate For the Opposite Party/s: Md. Matloob Rab, APP (In CRIMINAL MISCELLANEOUS No. 28781 of 2025) For the Petitioner/s : Md. Javed Jafar Khan, Advocate For the Opposite Party/s: Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 5 17-06-2025
Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the state.
2. The petitioners seek bail in connection with Du-
mariya P.S. Case No. 14 of 2014 instituted for the offences un-
der Sections 147, 148, 149, 435, 436 and 120(B) of the Indian
Penal Code, Sections 3/4 of Explosive Substance Act and Sec-
tion 17 of CLA Act. Petitioners namely Darogi Singh Bhokta @
Uma Singh Bhokta @ Darogi Singh has one criminal an-
tecedent, Lalvir Singh @ Vikash Singh @ Mol Singh Bhagat @
Bhola Singh Bhokta @ Vikash Singh Bhokta has no criminal
antecedent, Jairam Yadav @ Prasad Yadav has two criminal an-
tecedents and Sanjay Yadav @ Ram Sanam Yadav has one crim-
inal antecedent.
3. As per the prosecution case, the informant happens
to be the Police Inspector-cum-SHO of PS Dumariya has al-
Patna High Court CR. MISC. No.4510 of 2025(5) dt.17-06-2025
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leged that on 27.03.2014 he heard a sound of bomb explosion.
On confidential information, he got knowledge that the extrem-
ist belonging to MCC had exploded bomb and blown away the
Airtel Mobile Tower situated at Dumaria Bazar. The police
reached with armed forces and on search they recovered cane
bomb of five litre and other explosive substances. It is further
alleged that on inquiry villagers disclosed the names of fifty
MCC extremists who were named in the FIR and about fifty un-
known MCC extremists were also involved in the alleged occur-
rence.
4. Learned counsel appearing on behalf of petitioner
namely Darogi Singh Bhokta @ Uma Singh Bhokta @ Darogi
Singh in Cr. Misc. No. 4510 of 2025 that the petitioner is not
named in the FIR and his name has surfaced in the course of in-
vestigation and his name was inserted in the year 2019. It is fur-
ther submitted that the petitioner has no concern whatsoever
with the alleged incident. It is also submitted that no incriminat-
ing or explosive substance has been recovered from the physical
conscious possession of the petitioner and he has no concern
with the MCC extremist group. It is next submitted that there is
one criminal case against him but that is of the year 2020. It has
also been submitted that similarly situated co-accused persons
Patna High Court CR. MISC. No.4510 of 2025(5) dt.17-06-2025
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namely Chandeshwar Rajak @ Teyagi Jee @ Shiv Shankar @
Shiv Shankar Dhobi @ Baba and Abhay Yadav @ Govind Ya-
dav have been granted bail by orders of this Court dated
28.09.2018 and 04.06.2020 passed in Cr. Misc. Nos. 48081 of
2018 and 7169 of 2020 respectively and the orders of this Court
have been brought on record vide Annexure-P/2 and P/3. It is
lastly submitted that the petitioner is in custody since
22.09.2024.
5. Learned counsel appearing on behalf of petitioner
namely Lalvir Singh @ Vikash Singh @ Mol Singh Bhagat @
Bhola Singh Bhokta @ Vikash Singh Bhokta in Cr. Misc. No.
6897 of 2025 that the petitioner is named in the FIR, however,
there was no parentage of the petitioner given by the police in
the FIR. It is further submitted that the petitioner was not aware
of the case lodged against him and only in the year 2024 he
came to know about the present case. It is also submitted that no
incriminating material has been recovered from the conscious
possession of the petitioner and he has no concern with the inci-
dent. It is lastly submitted that the petitioner carries clean an-
tecedent and he is in custody since 30.06.2024.
6. Learned counsel appearing on behalf of petitioners
namely Jairam Yadav @ Prasad Yadav in Cr. Misc. No. 24787
Patna High Court CR. MISC. No.4510 of 2025(5) dt.17-06-2025
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of 2025 as well as the petitioner namely Sanjay Yadav @ Ram
Sanam Yadav in Cr. Misc. No. 28781 of 2025 that the petition-
ers have been named in the present case, however, there was no
reference to the parentage as well as the address of the petition-
ers, hence, they were not aware of the present case. It is further
submitted that the petitioners were not aware of the case and at
the behest of the local villagers their names has surfaced in the
present case and they are not concerned with the alleged inci-
dent. It is next submitted that no incriminating material has been
recovered from the conscious possession of the petitioners. It is
lastly submitted that the petitioner namely Jairam Yadav @
Prasad Yadav has two criminal antecedents against his name and
petitioner namely Sanjay Yadav @ Ram Sanam Yadav has one
criminal antecedent against his name and they are in custody
since 28.10.2024 and 11.11.2024 respectively.
7. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioners
and has stated that the petitioners belong to the MCC extremist
group and they are involved in the present case wherein the Air-
tel mobile tower had been blown away by means of explosion of
bomb.
8. Considering the aforesaid submissions of learned
Patna High Court CR. MISC. No.4510 of 2025(5) dt.17-06-2025
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counsels and taking into account the fact that there is nothing
specific alleged against the petitioners and they are in custody
since 22.09.2024/30.06.2024/28.10.2024/11.11.2024 respec-
tively, the petitioners above named, are directed to be released
on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the concerned Judicial Magistrate, 1st Class,
Sherghati, Gaya in connection with Dumariya P.S. Case No. 14
of 2014, subject to the the following conditions:-
(i) One of the bailors will be a
close relative of the petitioners.
(ii) The petitioners will remain
present on each and every date fixed by the
Court below, if so required by the learned Trial
Court.
(iii) In case of absence on two con-
secutive dates or in violation of the terms of the
bail, the bail bond of the petitioners will be li-
able to be canceled by the Court concerned.
(iv) And further condition that the
court below shall verify the criminal antecedent
of the petitioners except above mentioned cases
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and in case at any stage it is found that the peti-
tioners have concealed their criminal an-
tecedents except above mentioned cases, the
court below shall take step for cancellation of
bail bond of the petitioners. However, the ac-
ceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for pur-
pose of the same or in the name of verification.
7. In view of the antecedents of the petitioners, the
petitioners are directed to appear before the Superintendent of
Police, Gaya within fifteen days of his release with a copy of
this order and every two weeks thereafter for the next nine
months. The conduct of the petitioners will be kept under watch
in this period by the Superintendent of Police concerned and if
it is found wanting in any respect, a report shall be made to the
court concerned by him to initiate a proceeding for cancellation
of bail for reasons of misuse of bail. After reporting to the Su-
perintendent of Police, a certificate will be filed by the petition-
ers before the court concerned.
(Sourendra Pandey, J)
Vikash/-
U T