Kaushal Kumar @ Kaushal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20610 of 2022 Arising Out of PS. Case No.-164 Year-2020 Thana- ROH District- Nawada ====================================================== KAUSHAL KUMAR @ KAUSHAL YADAV SON OF RAMDEO YADAV R/O VILLAGE- MAHKAR, P.S.- ROH, DISTRICT- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual Court Proceedings. The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 302, 307, 120B, 354 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that petitioner has antecedent of four cases and is in custody since 10.01.2022 and the informant alleges that 18 accused persons came and surrounded her husband and Pintu and Upendra caught the hands of her husband and on orders of Vinod, Vinay shot him on his chest and when she tried to intervene, Ranjit fired but missed, thereafter, the accused persons dragged her husband and when she tried to save him, she was also thrashed,

Patna High Court CR. MISC. No.20610 of 2022(3) dt.06-01-2023 2/2 it is next alleged that the husband died.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case because of his antecedent, it is next submitted that specific allegation is against named accused persons, further no specific allegation is alleged against the petitioner, at best he is alleged to be a member of an unlawful assembly. It is next submitted that Janardan Yadav has been granted regular bail vide order dated 16.08.2021 in Criminal Miscellaneous No. 23143 of 2021. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Roh P.S. Case No. 164 of 2020.

(Satyavrat Verma, J) Rishabh/- U T