Rahul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9404 of 2025 Arising Out of PS. Case No.-114 Year-2020 Thana- GOPALPUR District- Bhagalpur ====================================================== Rahul Yadav Son of Sri Kailash Yadav @ Faishan Yadav Village- Latra, Psgopalpur, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Ranjan Kumar Jha, Adv.

Mr. Vikash Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Gopalpur P.S. Case No. 114 of 2020 dated 04.04.2024 registered for the offences punishable under Sections 302 read with Section 34 of the I.P.C. and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have shot the husband of the informant due to which he died.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.9404 of 2025(2) dt.15-04-2025 2/3 this case. There is general and omnibus allegation against the petitioner. There is no specific allegation against the petitioner whereas the specific allegation of firing on the informant's husband is against the co-accused, Purushottam Yadav @ Chhotu Yadav. It is further submitted that as per the postmortem report, it is apparent that three gunshot injuries have been found on the deceased. The petitioner has no concern with the alleged occurrence. The petitioner has 11 criminal antecedents in which he is on bail in all cases as stated in para 3 of the bail petition. The petitioner is in custody since 13.06.2024. The co-accused has been granted regular bail by the Co-ordinate Bench of this Court vide order dated 28.06.2021 passed in Cr. Misc. No. 1323 of 2021.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Gopalpur P.S. Case No. 114 of 2020, with following conditions:-

Patna High Court CR. MISC. No.9404 of 2025(2) dt.15-04-2025 3/3 (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled. (ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T