Lalit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19900 of 2021 Arising Out of PS. Case No.-273 Year-2020 Thana- GHOSI District- Jehanabad ====================================================== LALIT YADAV S/o Chandrika Yadav Resident of Village- Chunukpur, P.S.- Ghosi, Dist- jehanabad.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 20048 of 2021 Arising Out of PS. Case No.-273 Year-2020 Thana- GHOSI District- Jehanabad ====================================================== MATANG @ RAMANUJ YADAV SON OF CHANDRIKA YADAV RESIDENT OF VILLAGE CHUNUKPUR, P.S. GHOSI, DIST.- JEHANABAD ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 19900 of 2021) For the Petitioner/s :

Mr.Pramod Kumar, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 20048 of 2021) For the Petitioner/s :

Mr.Pramod Kumar, Adv.

For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP For the Informant :

Mr.Saket Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-10-2021 Heard the parties.

The petitioners seek bail in connection with Ghosi P.S. Case No.273 of 2020, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 326, 307, 504 of the Indian Penal Code and section 27 of the Arms Act.

Patna High Court CR. MISC. No.19900 of 2021(4) dt.27-10-2021 2/3 The prosecution case in short is that while the informant was at her Dalan, all the named accused persons including the petitioners came there, armed with deadly weapons and started abusing. On objection by her family members, all the accused persons attacked them and when informant's mother-in-law came to save, these petitioners opened fire and as a result, her mother-in-law sustained gun shot injury. Thereafter, villagers gathered there and she was taken to the hospital for treatment. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have not committed any offence as alleged in the FIR. No offence as alleged has ever taken place.

They have been falsely implicated in this case due to ulterior motive and bad intention of the informant. The entire prosecution story is false, fabricated and concocted against the petitioners. No incriminating article has been recovered from the conscious physical possession of the petitioners. There is case and counter case between the parties and the petitioner's side have also sustained injuries. From perusal of the FIR and injury report, it appears that the injury of the informant's mother-in-law is simple in nature. Several co-accused have been granted bail by this court and co-ordinate benches of this Court.

Patna High Court CR. MISC. No.19900 of 2021(4) dt.27-10-2021 3/3 the institution of the present case and have been languishing in custody since 05.07.2020.

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

Considering the facts and circumstances of this case and the custody of more than one year, the above named petitioners (in both cases) are directed to be enlarged on bail 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 Chief Judicial Magistrate, Jehanabad, in connection with Ghosi P.S. Case No.273 of 2020.

(Anjani Kumar Sharan, J) pallavi/- U T