Neeraj Yadav @ Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18852 of 2024 Arising Out of PS. Case No.-237 Year-2023 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.

Neeraj Yadav @ Neeraj Kumar S/O Bodhi Yadav @ Bodhu Yadav R/O Village- Dewri, P.S- Barhara, Distt.- Purnea. 2.

Dil Khush Kumar @ Dil Khush Kumar Yadav S/O Kokan Yadav @ Chandeshwari Yadav R/O Village- Dewri, P.S- Barhara, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seeks regular bail in connection with Barhara P.S. Case No. 237 of 2023 registered on 19.06.2023 lodged under Sections 147, 148, 149, 341, 323, 302, 307, 448, 504, 506, 509 of the I.P.C. and Section 27 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against sixteen named accused persons against whom there is an allegation that they have fired gun shots upon the informant's son and informant's wife due to which the informant's wife died on the spot and the informant's son got

Patna High Court CR. MISC. No.18852 of 2024(3) dt.08-05-2024 2/3 badly injured.

4. Counsel further submits that petitioners are innocent and have committed no offence. In the FIR, there is no specific allegation against the petitioner, rather it is against coaccused Sanoj Yadav and Shubham Kumar to have resorted fire upon the informant's son and wife respectively. The name of the petitioner has figured in this case as a member of the mob. He further submits that petitioners are in custody since 18.12.2023 having clean antecedent. Counsel further submits that specific allegation is upon Sanoj Kumar and Subham Kumar. Moreover, co-accused Roshan Kumar has been granted bail by this Court vide order dated 26.04.2024 passed in Criminal Miscellaneous No. 17192/2024 whereas co-accused Suchit Kumar @ Sujit Kumar and Nikku Yadav @ Nikku Mandal have been granted bail vide order dated 02.04.2024 passed in Criminal Miscellaneous No. 21268 of 2024.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.18852 of 2024(3) dt.08-05-2024 3/3 each to the satisfaction of learned A.C.J.M.-II, Purnea in connection with Barhara P.S. Case No. 237 of 2023 , subject to the conditions laid down under Section 437 (3) of the Cr.P.C. (Dr. Anshuman, J) Ashwini/- U T