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Patna High CourtCR. MISC./18794/2024bail granted

Indranand Yadav @ Indranand Kumar v. The State Of Bihar

2024-04-19Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18794 of 2024 Arising Out of PS. Case No.-278 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== Indranand Yadav @ Indranand Kumar S/o Nityanand Yadav R/o vill - Ratansar, P.S. - Chhatapur, Distt. - Supaul (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-04-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Narpatganj P.S. Case No. 278/2022 dated 16.06.2022 registered for the offences punishable under sections 302 and 120B read with section 34 of IPC and under section 27 of the Arms Act.

3. Mr. Gopal Kumar Jha, learned counsel appearing for the petitioner submits that there is no specific allegation against this petitioner and he is said to be present with the coaccused persons and the allegation of firing against him is general and omnibus and as per allegation, the co-accused Rajiv Yadav and Chandrashekhar Yadav fired by using a double barrel gun at the marriage function of the informant and the said allegation is specific against Rajiv Yadav and Chandra Shekhar

Patna High Court CR. MISC. No.18794 of 2024(3) dt.19-04-2024 2/3 Yadav and the case of this petitioner is quite similar to coaccused Bhushan Yadav who has been granted bail by a coordinate bench of this Court vide order 18.12.2023 passed in Cr. Misc. No. 62272/2023 and two other co-accused persons namely Upendra Yadav and Randhir Yadav have also been granted bail by this Court vide order passed in Cr. Misc. No. 68596/2023. Learned counsel further submits that the petitioner has got no criminal antecedent and he has been languishing in jail since 15.09.2023 and against him, the investigation has been completed and the alleged occurrence was not pre-planned and the same occurred in the spur of the moment.

4. Mr. Ram Naresh Ray, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the above submissions and mainly the nature of allegation appearing against this petitioner and the fact that one similarly situated co-accused mentioned above is on bail, and also, against this petitioner, the investigation has been completed and he has got no criminal antecedent, in my opinion, in the said circumstances, the petitioner deserves to be released on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.18794 of 2024(3) dt.19-04-2024 3/3 the concerned Court in connection with Narpatganj P.S. Case No. 278/2022.

(Shailendra Singh, J) annu/- U T