Kailash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7192 of 2024 Arising Out of PS. Case No.-335 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== 1.
Kailash Yadav Son of Late Arjun Yadav Resident of Village-Salarpur, P.S.- Parbatta, Distt.-Khagaria 2.
Sanichar Yadav Son of Late Arjun Yadav Resident of Village-Salarpur, P.S.- Parbatta, Distt.-Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Budhilal Yadav For the Opposite Party/s :
Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Parbatta P.S. Case No. 335 of 2023 registered on 19.07.2023 lodged under Sections 307, 302, 379, 342, 34 of the I.P.C.
3. As per the prosecution case, F.I.R. has been lodged against six named accused persons including the petitioner to whom allegation is that they have surrounded the informant's father and beaten brutally.
4. Counsel for the petitioner submits that the allegation against two accused persons is that they have fired bullet shot on leg of the informant's father, and thereafter, four
Patna High Court CR. MISC. No.7192 of 2024(2) dt.17-02-2024 2/3 more bullet shots have been fired. By the bullet shot injury, father of the informant died.
5. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that it is true that petitioner's name has figured in the F.I.R., but all the allegation are of general and omnibus in nature. Moreover, petitioner is in custody since 28.08.2023 having no criminal case pending against him, in which he is on bail.
6. Learned counsel for the State opposes the prayer for bail.
7. Learned counsel for the informant has vehemently opposes the prayer for bail and submits that it is the case of murder of the informant by all the accused persons in connivance with each other on the spot.
8. Upon specific query made by this Court that whether charge has been framed or not, counsel for the petitioner submits that he is not aware of this fact that charge has been framed or not.
9. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge if the charge is not framed yet and on furnishing bail bonds of Rs.30,000/-
Patna High Court CR. MISC. No.7192 of 2024(2) dt.17-02-2024 3/3 (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Khagaria in connection with Parbatta P.S. Case No. 335 of 2023, subject to the conditions laid down under Section 437 (3) of the Cr.P.C. (Dr. Anshuman, J) Sunnykr/- U