Sanjay Yadav @ Sanjay Kumar YadavversusThe state of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22734 of 2026
                    Arising Out of PS. Case No.-102 Year-2024 Thana- SAKATPUR District- Darbhanga
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                 Sanjay Yadav @ Sanjay Kumar Yadav S/O Raj Kumar Yadav @ Rajkumar
                 Yadav R/O Vill.- Phulwan, P.S- Sakatpur, District- Darbhanga

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The state of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :      Ms. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-04-2026                      Heard Mr. Jitendra Kumar Bharti, learned counsel

                   for the petitioner and Ms. Nirmala Kumari, learned Additional

                   Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Sakatpur P.S. Case No. 102 of 2024, F.I.R.

                   dated 13.10.2024 for the offences punishable under Sections

                   191(2), 191(3), 190, 126(2), 115, 352 and 109 of the BNS, 2023

                   and Section 27 of the Arms Act.

                               3.     According to prosecution case, all the accused

                   persons including this petitioner with an intention to kill the

                   informant fired upon him and also fired in the air.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that although the petitioner is
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          named in the FIR but from perusal of the FIR it appears that

          there is no specific allegation of assault or overt act attributed

          against the petitioner rather there is general and omnibus

          allegation against this petitioner and the specific allegation is

          against the co-accused, namely, Vivek Yadav.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries one criminal antecedent other than

          the present one but fairly submits that he is on bail in the

          pending matter. Apart from that the petitioner has actively

          participated in the present crime in question.

                       6. Considering the aforesaid facts and circumstances

          that there is no specific allegation of assault against the

          petitioner, let the petitioner, above named, in the event of arrest

          or surrender before the court below within a period of thirty

          days from the date of receipt of the order, 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 learned

          Judicial Magistrate-I, Darbhanga in connection with Sakatpur

          P.S. Case No. 102 of 2024, subject to the conditions as laid

          down under Section 438(2) of the Code of Criminal Procedure

          and with other following conditions:-
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                                   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

                      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.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T