Jangali Yadav @ Janglu Rai @ Jangali Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18728 of 2024 Arising Out of PS. Case No.-221 Year-2016 Thana- RIVILGANJ District- Saran ====================================================== Jangali Yadav @ Janglu Rai @ Jangali Rai Son Of Late Sukan Yadav @ Sokan Rai R/O-Daroga Rai Ke Dera, P.S.-Rivilganj, Distt.-Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anjani Parashar, Advocate For the Opposite Party/s :
Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Rivilganj P.S. case No. 221 of 2016 instituted for the offences under Sections 379, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Prosecution case, in short, is that all the accused persons including this petitioner came at the place of occurrence, in the meantime, one of the co-accused Umesh fired on the informant. It is further alleged that the accused persons
Patna High Court CR. MISC. No.18728 of 2024(2) dt.14-03-2024 2/3 snatch Rs. 20,000/- each from the pocket of the informant and from Shivji Yadav.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific accusation of firing is attributed to co-accused Umesh Yadav. Learned counsel further submitted that there is a delay of 42 days in lodging the FIR without plausible explanation, which in itself, raises doubt over the prosecution story. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.01.2024 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, no direct allegation as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the 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 Court
Patna High Court CR. MISC. No.18728 of 2024(2) dt.14-03-2024 3/3 below/concerned Court in connection with Rivilganj P.S. case No. 221 of 2016.
(Rudra Prakash Mishra, J) Alok Verma/- U T