Rang Lal Kumar Yadav @ Jatta @ Saroj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19938 of 2023 Arising Out of PS. Case No.-761 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== Rang Lal Kumar Yadav @ Jatta @ Saroj Kumar, S/O Bharat Yadav R/O Village- Baluaa, P.S- Ara(Muffasil), Distt- Bhojpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dineshwar Mishra, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-08-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Barahra P.S. Case No. 761 of 2022 dated 04.11.2022 registered for the offences punishable under Section(s) 307/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27, 35 of the Arms Act.
3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner has been languishing in jail since 05.11.2022 and against him there is criminal antecedent of one case in which he is on bail, though as per FIR after committing the alleged occurrence this petitioner
Patna High Court CR. MISC. No.19938 of 2023(3) dt.02-08-2023 2/3 and co-caused persons namely, Govind Kumar and Krishna Kumar were apprehended by the police on chase but from the possession of this petitioner only two bullets were recovered and co-accused Krishna Kumar revealed that he himself fired at the informant's brother, accordingly the main allegation of firing is against co-accused Krishna Kumar, who has been granted bail by a co-ordinate bench of this court vide order dated 27.07.2023 passed in Cr. Misc. No. 24820 of 2023 and other co-accused has been declared juvenile and accordingly he has been granted bail by the Juvenile Justice Board. Further submission is that against the petitioner the investigation has been completed.
4. Learned APP appearing for the State opposes the bail prayer.
5. Considering the above submissions and mainly taking into account the privilege of bail having been granted to co-accused Krishna Kumar, who fired at the informant's brother as per FIR and also the fact that the investigation has been completed against this petitioner and he has been languishing in jail since 05.11.2022, in my opinion, in the said circumstances, the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named-above be enlarged on bail in connection with Barahra P.S. Case No. 761 of 2022 on furnishing bail bond
Patna High Court CR. MISC. No.19938 of 2023(3) dt.02-08-2023 3/3 of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T