Zakari Yadav @ Jhakari Yadav @ Zakari SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5124 of 2025
                       Arising Out of PS. Case No.-334 Year-2025 Thana- CHENARI District- Rohtas
                 ======================================================
                 Zakari Yadav @ Jhakari Yadav @ Zakari Singh S/o- Lalmohar Yadav
                 Resident of Auraiyan P.S- Chenari, Dist- Rohtas

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Gurucharan Singh Kharbar S/o- Ramashish Singh Kharbar R/v- Auraiyan
                 Ps- Chenari Dist- Rohtas

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant       :        Mr. Pawan Kumar Singh, Advocate
                 For the Respondent      :        Ms. Ojaswee Kumari, Advocate
                                                  Mr. Shivam Aniket, Advocate
                 For the State           :        Mr. Sadanand Paswan, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   07-04-2026                   Heard learned counsel for the appellant, learned

                   counsel for the respondent and learned Special Public

                   Prosecutor for the State.

                                 2. The instant appeal has been filed by the appellant

                   against the order dated 18.11.2025 passed by learned Special

                   Judge, SC/ST Act, Sasaram at Rohtas whereby the prayer for

                   bail of the appellant in connection with Chenari P.S. Case No.

                   334 of 2025 under Sections 103, 238(a) and 3(5) of B.N.S. and

                   Sections 3(2)(v) of SC/ST Act was rejected.

                                 3. The case of the respondent, in short, is that the

                   father of the respondent has gone to the field but did not return.

                   The villagers disclosed on 10.08.2025 that the body parts of the
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          deceased were found. As per the respondent, he was having

          enmity with the petitioner and others and he believes that they

          have killed his father.

                       4. It is submitted by learned counsel for the appellant

          that appellant is innocent and he has been falsely implicated in

          this case. In this case, there is no eye witness and name of this

          appellant has been impleaded on the basis of suspicion due to

          previous enmity. It has further been submitted that during course

          of investigation, police has extracted the confessional statement

          of this appellant. Save and except the confessional statement,

          there is nothing against him. He is having no criminal

          antecedent. It has also been submitted that similarly situated co-

          accused, namely, Nirmal Yadav has been granted bail by this

          Court vide Cr. Appeal (SJ) No. 5102 of 2025. Moreover, he is

          languishing in judicial custody since 13.08.2025.

                       5. Learned Spl. P.P. for the State and learned counsel

          for the respondent have vehemently opposed the appeal for bail.

          Learned counsel for the respondent has stated that this appellant

          has given his confessional statement before the police wherein

          he has stated that he has also cut the thigh of the deceased when

          he was murdered by Dinesh Yadav. It is worth mentioning that

          this statement was given before police and no recovery was
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                      made leading to the statement of the appellant.

                                   6. Be it as may be, from the confessional statement of

                      the appellant also, main thrust of allegation goes on Dinesh

                      Yadav who has cut the neck of the deceased.

                                   7. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to allow this appeal. Accordingly, the appeal is allowed

                      and the impugned order dated 18.11.2025 passed in connection

                      with Chenari P.S. Case No. 334 of 2025 is hereby set aside.

                                   8. The appellant is directed to be enlarged on bail in

                      connection with Chenari P.S. Case No. 334 of 2025 on

                      furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)

                      with two sureties of the like amount each to the satisfaction of

                      the learned Special Judge, SC/ST Act, Sasaram at Rohtas.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T