Babloo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 14852 of 2020 Arising Out of PS. Case No.-410 Year-2019 Thana- RANIGANJ District- Araria ====================================================== Babloo Yadav, aged about 35 years, Male, son of Suganand Yadav, resident of village- Nargahi, P.S.- Raniganj, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Kumar Singh, Advocate For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-07-2020 Heard the parties through the virtual court proceeding. The petitioner apprehends his arrest in connection with Raniganj P.S. Case No. 410 of 2019 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prsoecution case, in brief, is that the informant namely Lalan Yadav gave written statement before SHO Raniganj alleging therein on 12.11.2019, he and his brotehr Jai Prakash Yadav went to visit the fair organized at Jaldhatri Mata Mandir in village Nagrahi. It is alleged that in the meantime about 11.30, Babloo Yadav (Petitioner), Ajay Yadav, Sattan Yadav, Gabbu Yadav, Sukhdev Yadav, Rahul Yadav they all made some alteration with the informant and his brother for land dispute and the people interfere between them and patch up the
Patna High Court CR. MISC. No. 14852 of 2020(2) dt.09-07-2020 2/3 matter. It is further alleged the informant along with his brother were going to his home on the way, all persons overtake and surrounding the informant and his brother. It is further alleged that on order Rahul Yadav and Gabbu Yadav fired on informant brother.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Seven persons are named in the F.I.R. including the petitioner. The allegation alleged in t he F.I.R. that one Gabbu Yadav and Rahul Yadav shoot the brother of the informant. There is no whisper allegation against the petitioner. He further submits that from perusal of the F.I.R., it is admitted case of the informant there is land dispute between the parties and there is specific allegation against Gabbu Yadav and Rahul Yadav. There is no any overt act against the petitioner.
Learned A.P.P. for the State has opposed the prayer for bail.
In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No. 14852 of 2020(2) dt.09-07-2020 3/3 to the satisfaction of SDJM, Araria in connection with Raniganj P.S. Case No. 410 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Nasimul/- U T