Patna High Court – Orders
Bimlesh Yadav @ Bimlesh Kumar @ Vimlesh … vs The State Of Bihar on 29 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9868 of 2025
Arising Out of PS. Case No.-6 Year-2024 Thana- ISMAILPUR District- Bhagalpur
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Bimlesh Yadav @ Bimlesh Kumar @ Vimlesh Yadav S/O Shankar Yadav @
Shiv Shankar Yadav Village- Ismailpur, P.S.- Ismailpur, Dist.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ashok Kumar Yadav, Advocate
For the State : Mr. Ram Priya Sharan Singh, A.P.P
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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 29-05-2025
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Ismailpur P.S. Case No. 6 of 2024 lodged on 26.01.2024, for the
offence punishable under Sections 147, 148, 149, 341, 342, 307,
302, 504 & 506 of the Indian Penal Code and section 27 of the
Arms Act.
3. Earlier, the petitioner had moved before this
Hon’ble Court for anticipatory bail in Cr. Misc. No.47516 of
2024 which was dismissed as withdrawn vide order dated
28.11.2024 and liberty had been granted to the petitioner to
surrender and seek regular bail before the concerned trial court
which shall be considered on the same day on its own merit. The
petitioner thereafter, surrendered on 18.12.2024.
Patna High Court CR. MISC. No.9868 of 2025(4) dt.29-05-2025
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4. The prosecution case as per the First Information
Report is that six accused persons including the present
petitioner surrounded the informant’s husband and hurled
abuses and co-accused Tunna Yadav fired at the husband of the
informant Manoj Mandal owing to which, he died. There is a
further allegation that Bimlesh Yadav who is the present
petitioner, fired at the son and brother-in-law of the informant.
However, they fled away and saved themselves.
5. Learned counsel for the petitioner submits that it
would be apparent from the FIR itself that the allegation of
firing upon the husband of the informant Manoj Mandal is
specific on co-accused Tunna Yadav and there is no allegation
of either opening fire or any kind of assault by the petitioner on
the said deceased Manoj Mandal. So far as the allegation upon
the petitioner with regard to opening fire on the Sangam Kumar
and Subodh Mandal is concerned, there is no injury on these
persons. Further, it has also been pointed out that there is a delay
of two days in lodging of the FIR and the petitioner has himself
surrendered and is in custody since 18.12.2024, having no
criminal antecedent. The charge-sheet has been submitted in the
case and other co-accused persons of this case have also been
granted anticipatory bail as well as regular bail.
Patna High Court CR. MISC. No.9868 of 2025(4) dt.29-05-2025
3/3
6. Learned APP for the State opposes the prayer for
bail of the petitioner.
7. Taking into consideration the present facts and
circumstances of the case, let the above named petitioner, be
released on bail on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate 1st Class, Naugachia,
Bhagalpur, in connection with Ismailpur P.S. Case No. 6 of
2024, subject to the further condition that:-
(i) The petitioner would appear physically before the
learned Court concerned on each and every date till the charges
are framed in this case and in case of absence on two
consecutive dates without sufficient reasons, the learned Court
concerned would be at liberty to cancel the bail bonds of the
petitioner.
(Soni Shrivastava, J)
Divyansh/-
U T