Ramnath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22798 of 2023 Arising Out of PS. Case No.-284 Year-2022 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

Ramnath Yadav Son Of Late Raja Ram Yadav Resident Of Village - Kahalgaon Tola, P.S. - Pirpainti, Distt. - Bhagalpur And Permanent R/O Village - Shivnarayanpur, P.S. - Shivnarayanpur, Distt. - Bhagalpur 2.

Manager Yadav Son Of Ram Murti Yadav Resident Of Village - Kahalgaon Tola, P.S. - Pirpainti, Distt. - Bhagalpur And Permanent R/O Village - Shivnarayanpur, P.S. - Shivnarayanpur, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Digvijay Kumar Ojha For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Pirpainti P.S. Case No. 284 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 326, 307, 448, 504 of the Indian Penal Code and under Section 27 of the Arms Act and added section 302 of the I.P.C.

The brief facts of the case are that on 29.08.2022 at about 07:30 PM the accused persons including petitioners having armed with deadly weapon entered the house of

Patna High Court CR. MISC. No.22798 of 2023(2) dt.17-05-2023 2/3 informant and started assaulting and abusing the family members of the informant. At the instruction of accused Ramnath Yadav (Petitioner No. 1), accused Sanyal Kumar@ Captain Yadav and Rahul Kumar opened fire upon the husband of the informant Vijay Yadav and he got seriously injured and fell down. Seeing that the nanad of informant Basanti Devi and brother-in-law of informant Chandan Yadav ran to save Vijay Yadav then accused Tej Narayan Yadav fired upon the leg of Basanti Devi and accused Ranjan @ Puran Yadav fired upon face of Chandan Yadav. Chandan Yadav got injured and fell down on land. Accused Rudal Yadav fired upon the leg of gotni of the informant Soni Devi and she also got injured. After that the villagers ran to save them then the accused persons including petitioners ran away.

Learned counsel for the petitioners submit that the petitioner is in custody since 30.08.2022.

Learned A.P.P. has vehemently opposed the prayer for bail.

At the instance of the petitioners, the deceased has been killed by the son of the petitioners. Petitioners are not the assailant of the deceased.

Considering the aforesaid facts, this application for

Patna High Court CR. MISC. No.22798 of 2023(2) dt.17-05-2023 3/3 regular bail is allowed.

Let the petitioners, above named, 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 the learned C.J.M. Bhagalpur/concerned Court below in connection with Pirpainti P.S. Case No. 284 of 2022. The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on their absence on two consecutive dates without sufficient reason, the bail bond shall be cancelled by the Court below.

This application stands allowed.

(Sandeep Kumar, J) Shishir/- U T