Allowed¶25

Sukhendra Yadav v. The State of Bihar

Patna HC13 May 2025CR. MISC./7406/2025

Case brief

AI extract

What is this about?

Patna High Court; CRIMINAL MISCELLANEOUS No.7406 of 2025; Sukhendra Yadav v. The State of Bihar; regular bail granted; Sections 302 read with Section 34 IPC; Konch P.S. Case No. 256 of 2024 dated 14.06.2024; District Gaya; murder by firing; petitioner not named in FIR; named in co-accused confessional statement; no criminal antecedent; custody since 19.06.2024; bail-bond Rs.20,000/- with two like sureties; conditions on attendance and future conduct; decided 13-05-2025; Chandra Prakash Singh, J.

What did the court decide?

Regular bail granted: petitioner to be enlarged on bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each, subject to conditions of mandatory court attendance and liberty to prosecution to seek cancellation upon involvement in similar offences. ¶25

Sukhendra Yadav Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be enlarged on regular bail in connection with Konch P.S. Case No. 256 of 2024 (offences under Sections 302 read with Section 34 IPC, District Gaya).

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Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner was directed to be enlarged on bail on furnishing a bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya.

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Ratio / Principle

Bail conditioned on the petitioner remaining physically present before the court below on each and every date; his bail bonds are liable to be cancelled if he absents himself on two consecutive dates without reasonable cause.

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Key takeaways

Further condition: if the petitioner is found involved in a similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.ratio¶24

Detailed headnote1 paragraphs

Bail granted (regular bail) — Sukhendra Yadav v. The State of Bihar, Patna High Court, CRIMINAL MISCELLANEOUS No.7406 of 2025 (decided 13-05-2025, Chandra Prakash Singh, J): petitioner charged under Sections 302 read with Section 34 IPC in Konch P.S. Case No. 256 of 2024 (District Gaya); per counsel, not named in FIR, name surfaced in co-accused's confessional statement, no eye-witness, nothing recovered from him, no criminal antecedent, in custody since 19.06.2024. Considering the facts, circumstances and period of custody, the court directed his enlargement on bail of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, imposing conditions of physical presence before the court below on every date (bail bonds cancellable after two consecutive unjustified absences) and liberty to the prosecution to seek cancellation if he is involved in similar offences in future. Application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7406 of 2025

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Arising Out of PS. Case No.-256 Year-2024 Thana- KONCH District- Gaya

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Sukhendra Yadav Son of Late Yodhi Yadav Village - Manoharpur, P.S.Konch, District - Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Durgesh Nandan, Adv. For the Opposite Party/s : Mr. Arun Kumar Pandey, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 13-05-2025

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Heard learned counsel for the petitioner and learned APP for the State.

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2. The petitioner has preferred this application for grant of regular bail in connection with Konch P.S. Case No. 256 of 2024 dated 14.06.2024 registered for the offences punishable under Sections 302 read with Section 34 of the Indian Penal Code.

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3. As per the prosecution case, on 13.06.2024 at 09:00 PM, the informant’s brother went to sleep in his dalan after taking meal, thereafter at about 11:00 PM, the informant heard the sound of two round firing and after sometime he heard the hulla that his brother has been murdered. It is further alleged that after information, when the informant reached his Dalan, he

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Patna High Court CR. MISC. No.7406 of 2025(3) dt.13-05-2025 2/3

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saw that his brother was sleeping on cot in his room and he was shot in his stomach and near his eye and the informant’s brother died due to bullet injury.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in this case in the confessional statement of the co-accused person. There is no eye-witness to the alleged occurrence. Nothing has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.06.2024.

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5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

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6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Konch P.S. Case No. 256 of 2024, with following conditions:-

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Patna High Court CR. MISC. No.7406 of 2025(3) dt.13-05-2025 3/3

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(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

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(ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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shivam/-

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U T

Sukhendra Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sukhendra Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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