Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9610 of 2024 Arising Out of PS. Case No.-338 Year-2023 Thana- RANIGANJ District- Araria ====================================================== BIPIN YADAV S/o Chhedi Yadav Resident of Village-Bharna, P.S.- Bhargama, District-Araria.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-02-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Raniganj P.S. Case no.338 of 2023 registered under sections 302, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that on his son not agreeing to enter into a compromise in the case going on for the murder of his brother, it is stated that the accused persons including the petitioner herein came. As a result of the firing resorted to by one Madhav Yadav @ Lat Saheb, the son of the informant sustained gunshot injuries and died on the spot.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of

Patna High Court CR. MISC. No.9610 of 2024(2) dt.22-02-2024 2/2 enmity between the parties which is evident from the F.I.R. itself. The allegation of firing is specific on Madhav Yadav @ Lat Saheb and not the petitioner herein who is in custody since 19.8.2023 and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the specific allegation of firing being on Madhav Yadav @ Lat Saheb and not the petitioner herein together with the petitioner having remained in custody for 6 months since 19.8.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Raniganj P.S. Case no.338 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Araria. (Partha Sarthy, J) Saurabh/- U T