Patna High Court – Orders
Ganesh Yadav @ Vimal Ji @ Vimal Yadav vs The State Of Bihar on 8 August, 2025
Author: Ashok Kumar Pandey
Bench: Ashok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48310 of 2025
Arising Out of PS. Case No.-93 Year-2016 Thana- ROSHANGANJ District- Gaya
======================================================
Ganesh Yadav @ Vimal Ji @ Vimal Yadav S/o Late Musafir Yadav @
Mahavir Yadav R/o Village- Jamuniya, P.S.- Madanpur, District- Aurangabad
(Bihar)
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate
Mr.Adarsh Singh, Advocate
Mr. Rabish Kumar, Advocate
Mr. Khalid Faiza. Advocate
Mr. Ravikant Kumar, Advocate
For the Opposite Party/s : Mr.Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-08-2025
Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 147, 148,
149, 342, 326, 307, 302, 353, 414, 332, 333, 121(A), 122 and
124 of the Indian Penal Code, Sections 24(1A), 25 (1AA), 26,
27 (3) and 35 of the Arms Act, Section 16 (1) (a), 20 and 38 of
Unlawful Activities, Section 17 of the CLA Act and Section ¾
of the Explosive Substance Act.
3. The case of the prosecution is that the
Superintendent of Police, Aurangabad came to know that the
naxalites including the FIR named accused persons and 50-60
Patna High Court CR. MISC. No.48310 of 2025(2) dt.08-08-2025
2/3
other unknown persons had assembled at the place of
occurrence and were conspiring to commit crime whereafter, the
Superintendent of Police, Aurangabad and police battalion
reached the said place of occurrence for the purpose of
apprehending the naxalites. It is further alleged that in the firing
between the naxalites and police personnel, 10 police personnel
lost their lives.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
from perusal of the FIR itself, it is clear that the allegations are
very grave but from perusal of the FIR, it is also clear that the
name of the accused persons has been disclosed by locals and in
the last portion of the FIR, it is also stated that the accused
persons were talking amongst them by their name. This seems
very absurd. It is further submitted that the nature of allegation
is general and omnibus. There is no specific allegation against
this petitioner. It is further submitted that similarly situated
accused persons have been granted bail by a co-ordinate Bench
of this Court vide order dated 21.08.2023 and 05.04.2023
passed in Cr. Misc. No. 23015 of 2023 and Cr. Misc. No. 19605
of 2023. Moreover, the petitioner is languishing in judicial
Patna High Court CR. MISC. No.48310 of 2025(2) dt.08-08-2025
3/3
custody since 14.03.2022.
5. Learned APP appearing for the State Vehemently
has opposed the prayer of regular bail stating that the petitioner
has three criminal antecedent.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Roshanganj (Bankebazar) P.S. Case No.
93 of 2016 on furnishing bail bond of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned District & Additional Sessions Judge, 1st
Sherghati, Gaya.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
[ad_1]
Source link