Feku Yadav @ Faku Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19697 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== 1.
Feku Yadav @ Faku Yadav Son of Kishore Yadav Resident of Village - Balavapar, P.S.- Warisaliganj, District- Nawada. 2.
Sitaram Yadav Son of Lalan Yadav Resident of Village - Balavapar, P.S.- Warisaliganj, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :
Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Nawada Warisaliganj P.S. case No. 27 of 2024 instituted for the offences under Sections 147, 148, 149, 323, 324, 332, 333, 337, 338, 307, 353 of the Indian Penal Code and Section 27 of the Arms Act.
3. Prosecution case, in short, is that the petitioners along with 59 other named co-accused persons were allegedly belonged to two community, i.e. Dhanuk and Yadav and were brick-batting and firing and created nuisance for the control of business Railway Rack Point. In the meantime, the police party
Patna High Court CR. MISC. No.19697 of 2024(2) dt.18-03-2024 2/3 arrived at the place, the accused persons also abused them, pelted stones and manhandled them, due to which police party sustained injury. It is further alleged that 13 empty cartridges and two vehicles were recovered from road of village Balwapar.
4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submits that general and omnibus allegation has been made against these petitioners. Petitioners got no concern with the alleged occurrence. Similarly situated co-accused persons have already been granted bail by this Court vide order dated 14.03.2024 passed in Cr. Misc. No. 18559 of 2024. It has been submitted on behalf of the petitioners that the petitioners are in custody since 13.01.2024 and have no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity, clean antecedent and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties
Patna High Court CR. MISC. No.19697 of 2024(2) dt.18-03-2024 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Nawada Warisaliganj P.S. case No. 27 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T