Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19511 of 2025 Arising Out of PS. Case No.-465 Year-2021 Thana- KHAIRA District- Jamui ====================================================== Ram Yadav Son of Baiju Yadav Resident of Village- Chaukitand, P.S.- Khaira, Distt.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sriram Krishna , Adv Mr. Abhijeet Gautam , Adv For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner makes a prayer for grant of regular bail in connection with Khaira P.S.Case No. 465 of 2021 registered under sections 147, 148, 149, 153(A), 302, 504, 120(B) of the Indian Penal Code and section 27 of the Arms Act.

3. The allegation in the FIR, is that the present case is against eight named accused persons and five unknown persons that they came variously armed to the house of the informant and surrounded the informant and his father. Further it has been disclosed in the FIR that four persons including this petitioner fired at chest of the informant's father indiscriminately due to which, he fell down and subsequently, he died.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.19511 of 2025(3) dt.19-05-2025 2/2 there is general and omnibus allegation on four persons of having fired at the informant's father however, firearm injuries on the deceased do not support the said allegation of indiscriminate firing. It is also submitted that the other coaccused persons namely, Lalan Yadav, Bajo Yadav, Bharat Yadav and Bindeshwari Yadav were acquitted by the learned court below. It has also been submitted that charge sheet has been submitted in the present case and hence, there is no chance of tampering with the evidence. It is also pointed out that similarly, situated co-accused person Sibu Yadav has already been granted bail vide order dated 22.01.2025 passed in Cr. Misc. No.87366 of 2024. The petitioner is in custody since 29.11.2024

5. Considering the facts and circumstances, the petitioner is enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Khaira P.S.Case No. 465 of 2021, (Soni Shrivastava, J) N.K/- U T