Vivek Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15799 of 2024 Arising Out of PS. Case No.-129 Year-2023 Thana- FULKAHA District- Araria ====================================================== Vivek Kumar Yadav S/o- Late Bilo Yadav @ Satyanarayan Yadav VillageManikpur W.No-11, Ps- Fulkaha Dist- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun For the Opposite Party/s :
Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Sessions Case No. 36 of 2024 arising out of Fulkaha P.S Case No. 129 of 2023 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 504, 506, 120B of the I.P.C & 27 of the Arms Act.
3. As per prosecution case, all the accused persons along with Kirtiya Devi @ Geeta Devi, Pinki Devi and Urmila Devi surrounded the victim and started to assault, in between co-accused Rajesh Kumar Yadav fired with pistol on the son of the informant and thereafter the son of the informant died during course of treatment.
Patna High Court CR. MISC. No.15799 of 2024(2) dt.13-03-2024 2/2
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It s next submitted that no specific allegation against the petitioner. It is further submitted that one of the co-accused has already granted bail by this Court vide order dated 04.03.2024 passed in Cr. Misc. No. 11080 of 2024. It is also submitted that petitioner is in judicial custody since 23.09.2023.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J-IV, Araria in connection with Sessions Case No. 36 of 2024 arising out of Fulkaha P.S Case No. 129 of 2023. (Ramesh Chand Malviya, J) Mayank/- U T