Patna High CourtCR. MISC./21299/2020bail granted

Rajesh Yadav v. The State Of Bihar

2020-07-02Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21299 of 2020 Arising Out of PS. Case No.-128 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== Rajesh Yadav Son of Chhotelal Yadav Resident of Village - Bari Lagar, P.S.- Parbatta, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Dr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-07-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Sessions Case no. 235 of 2019 (arising out of Parbatta P.S. Case no. 128 of 2019 registered under sections 302, 323, 386, 387, 147, 148, 149 and 120B of the Indian Penal Code and section 27 of the Arms Act). As per allegation in the FIR, the accused persons are said to have caught hold of the husband of the informant. While the petitioner and others caught hold of him, it is stated that coaccused Mantu Yadav shot him as a result of which he died. It is submitted by learned counsel for the petitioner that the application for bail of the petitioner was rejected vide order dated 25.11.2019 (Annexure 1) passed in Cr. Misc. no. 73210 of 2019. Subsequently, co-accused Mantu Yadav has been enlarged

Patna High Court CR. MISC. No.21299 of 2020(2) dt.02-07-2020 2/2 on bail vide order dated 6.3.2020 (Annexure 3) passed in Cr. Misc. no. 73600 of 2019. It is submitted that the petitioner is in custody since 13.5.2019.

The application for bail is opposed by learned Additional PP for the State.

Having heard learned counsel for the parties and taking into consideration the grant of bail to co-accused Mantu Yadav vide aforesaid order dated 6.3.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sessions Case no. 235 of 2019 (arising out of Parbatta P.S. Case no. 128 of 2019) on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Fast Track Court 2nd, Khagaria/Successor Court. (Partha Sarthy, J) Prakash/- U