Ranbir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15712 of 2023 Arising Out of PS. Case No.-15 Year-2022 Thana- PASRAHA District- Khagaria ====================================================== RANBIR YADAV S/O LATE PARO YADAV R/v- Basua, P.S.- Pasraha, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402, 353, 307/34 of the Indian Penal Code and Sections 25(1-b)a, 26(i), 27 & 35 of the Arms Act.

Allegation against the petitioner along with coaccused persons that while they were assembled and preparing for committing offence, the police party reached the place of occurrence and arrested two of them. During this incident, the accused persons created hindrance by firing upon the police officials. On search, some incriminating weapons were recovered from the possession of apprehended accused persons. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.15712 of 2023(2) dt.28-04-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is alleged to be fled away from the place of occurrence whose name was disclosed by the apprehended co-accused person in his confessional statement. Nothing incriminating article has been recovered from his conscious possession. During investigation, no substantive evidence has come against the petitioner to connect with the present case. Moreover, similarly situated coaccused namely, Shailendra Yadav has already been granted bail by a co-ordinate Bench of this Court vide order 14.11.2022 passed in Cr. Misc. No. 39224 of 2022 and in support of this Annexure-2 series has been annexed with this petition. It is further submitted that the petitioner is languishing in judicial custody since 28.6.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pasraha P.S. Case No. 15 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with

Patna High Court CR. MISC. No.15712 of 2023(2) dt.28-04-2023 3/3 two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Khagaria.

(Sunil Kumar Panwar, J) Amandeep/- U T