Randhir Yadav @ Randhir Ray @ Randhir Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1598 of 2016 Arising Out of PS.Case No. -155 Year- 2014 Thana -JADIA District- SUPAUL ====================================================== Randhir Yadav @ Randhir Ray @ Randhir Rai, son of Late Yogendra Ray, Resident of village - Raghunathpur, P.S. Jadia, District - Supaul. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anita Kumari For the Opposite Party : Mr. Ashok Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Jadia P.S. Case No.155 of 2014, registered under Sections 302 and 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation of informant Renu Devi @ Kumari Renu is that 15.12.2014 at about 10.30 A.M. Brahmdeo Yadav, husband of the informant was sitting at the paddy field in the meantime, eight persons including the petitioner reached there and co-accused Mithilesh Yadav shot fire through pistol at the chest of Brahmdeo Yadav (deceased), who fell down, thereafter, Arun Kumar Singh, maternal uncle of Mithilesh Yadav, fired second shot and third shot was fired by Raju Rai. The petitioner also shot

Patna High Court Cr.Misc. No.1598 of 2016 (3) dt.23-02-2016 2/2 fire at that time causing injury at the face of Brahmdeo Yadav, whereas Pursottam Kumar @ Tudu also fired upon the informant and Rahul Yadav fired through licensee gun and others were also fired at that time.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner is brother of co-accused Raju Yadav and due to that reason, he has falsely been implicated in this case with allegation of causing injury through fire arm at the face of the deceased Brahmdeo Yadav, but it would appear from Post-mortem report that injury no. 3 is said to be found at the face of the deceased caused by hard and blunt substance and not by fire arm. The petitioner having no criminal antecedent and he has been implicated in this case being the brother of co-accused Raju Yadav. The petitioner is in custody since 21.09.2015. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to 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 the Sub-Divisional Judicial Magistrate, Supaul in connection with Jadia P.S. Case No. 155 of 2014.

(Rajendra Kumar Mishra, J) manish/- U