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Patna High CourtCR. MISC./25477/2024allowed

Ram Sundar Yadav v. The State Of Bihar

2024-05-15Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25477 of 2024 Arising Out of PS. Case No.-62 Year-2023 Thana- RUDRAPUR District- Madhubani ====================================================== Ram Sundar Yadav Son Of Late Navet Yadav @ Late Nebet Yadav Resident Of Village- Barsam @ Gangapur, P.S.- Rudrapur, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Gagan Deo Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 354(B), 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. Later on Section 302 was also added.

As per allegation in the FIR, all accused persons including the petitioner came at the gate of the informant and started to abuse her. On protest, Arvind Yadav opened fire on the leg of informant's father-in-law

Patna High Court CR. MISC. No.25477 of 2024(3) dt.15-05-2024 2/3 and other accused assaulted to other family members of the informant. It is alleged against the petitioner that he assaulted with a sharp cut weapon to Ram Chandra Sahu on his leg as a result of which, he sustained injuries on his leg. It is further alleged that accused persons committed theft of Rs. 50,000/- and mobile phone from her house. Injured Bhola Sahu died during treatment. The accused Ashok Yadav is said to be mastermind of the alleged incident.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The specific allegation of opening fire to the deceased is against Arvind Yadav. The petitioner is alleged to have assaulted on the legs of Ram Chandra Sah which is not the vital part of the body. The petitioner is languishing in custody since 20.01.2024. Moreover, other similarly situated coaccused have been granted bail vide order dated 18.10.2023 passed in Cr. Misc. No. 61882 of 2023 and

Patna High Court CR. MISC. No.25477 of 2024(3) dt.15-05-2024 3/3 other analogous cases.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Jhanjharpur Madhubani in connection with Rudrapur P.S. Case No. 62 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T