Kaushal Yadav Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10564 of 2024 Arising Out of PS. Case No.-1010 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== 1.

KAUSHAL YADAV KAUSHAL KUMAR S/O- KRISHNA NANDAN YADAV R/O- VILLAGE- CHAMAN TOLA, PANCHAYAT MHAY, WARD NO.- 15, P.S.- MUFASSIL, DIST.- KHAGARIYA.

2.

PANDAV YADAV S/O- LAKSHMI YADAV R/O- VILLAGE- CHAMAN TOLA, PANCHAYAT MHAY, WARD NO.- 15, P.S.- MUFASSIL, DIST.- KHAGARIYA.

3.

BALRAM YADAV S/O- LAKSHMI YADAV R/O- VILLAGE- CHAMAN TOLA, PANCHAYAT MHAY, WARD NO.- 15, P.S.- MUFASSIL, DIST.- KHAGARIYA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarvottam Kumar, Adv.

For the Opposite Party/s :

Mr.Murli Dhar, APP For the Informant :

Mr.Mukesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. 2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 323, 307, 341, 504, 506/34 of the IPC and section 27 of the Arms Act.

3.

Allegedly, the petitioners with other co-accused others came at the house of informant and abused and on protest, coaccused Krishna Nandan Yadav gave order to shoot and coaccused Shoshan fired bullet on the informant's husband but the same hit a Cow.

4.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.10564 of 2024(2) dt.22-02-2024 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence in the manner as alleged, has ever taken place. There is general and omnibus allegation against the petitioners and the specific allegation of firing is against the co-accused Shoshan Yadav and the fired bullet hit a cow. There is a political rivalry between the parties. Petitioners have no criminal antecedent. 5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, since there is no specific allegation against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Khagariya Mufassil P.S. Case No.1010 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T