Rajeev Yadav @Devraj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24582 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- GOGRI District- Khagaria ====================================================== Rajeev Yadav @Devraj Yadav Son Of Mahendra Yadav Resident Of VillageUsri, PS- Gogri, Dist- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with G.R. No. 111 of 2024, arising out of Gogri P.S. Case No. 19 of 2024, instituted for the offences punishable under Sections 447, 341, 323, 307, 379, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that, petitioner along with other co-accused persons went to the house of the informant and took fertilizers. On raising objection by the son of the informant, co-accused Govind Yadav fired on him for which he sustained injury in legs and also fired on the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No
Patna High Court CR. MISC. No.24582 of 2024(2) dt.04-04-2024 2/2 incriminating material has been recovered from the conscious possession of the petitioner. It is further submitted that there is no allegation of firing against the petitioner. The allegations levelled against the petitioner is not specific, rather general and omnibus in nature. The petitioner is languishing in judicial custody since 24.01.2024 and has got no criminal antecedent as has been stated in paragraph no. 3 of the present bail application..
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with G.R. No. 111 of 2024, arising out of Gogri P.S. Case No. 19 of 2024. (Rudra Prakash Mishra, J) Rajorshi/- U T