Rohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10297 of 2024 Arising Out of PS. Case No.-335 Year-2019 Thana- JHAJHA District- Jamui ====================================================== Rohan Yadav S/O- Late Ramu Yadav R/O- Tola Bela Tanr, P.S.- Jhajha, Dist.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jhajha P.S. case No. 335 of 2019 instituted for the offences under Sections 147, 148, 149, 447, 302 and 201 of the Indian Penal Code.

3. Prosecution allegation, in short, is that all the accused persons, 12-13 in numbers, having lethal weapons in their hands, dragged the son of the informant. Accused persons including this petitioner caught hold his son and one co-accused slit his neck. When the informant objected, other accused also chased the informant with intention to kill him, but somehow informant saved himself, whereas son of the informant

Patna High Court CR. MISC. No.10297 of 2024(2) dt.21-02-2024 2/3 succumbed to the injuries.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific allegation of cutting the throat of the son of the informant is levelled against Nandu Yadav. Charge-sheet has been submitted in this case. Several co-accused persons have already been granted bail by the Coordinate Benches of this Court vide Cr. Misc. No. 10896 of 2020, Cr. Misc. No. 11209 of 2021, Cr. Misc. No. 65677 of 2021, Cr. Misc. No. 33278 of 2022 and Cr. Misc. No. 26604 of 2023. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.08.2023 and has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on partity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.10297 of 2024(2) dt.21-02-2024 3/3 bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jhajha P.S. case No. 335 of 2019.

(Rudra Prakash Mishra, J) Alok Verma/- U T