Laljee Yadav @ Laljee Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44733 of 2021 Arising Out of PS. Case No.-241 Year-2020 Thana- RANIYATALAB District- Patna ====================================================== RAKESH YADAV S/O HARIDEV YADAV R/o village- Saradha Chhapra, P.S.- Rani Talab, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 32443 of 2021 Arising Out of PS. Case No.-241 Year-2020 Thana- RANIYATALAB District- Patna ====================================================== LALJEE YADAV @ LALJEE KUMAR Son of Bhuneshwar Yadav Resident of Village - Shardha Chhapra, P.S.- Ranitalab, District - Patna. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 44733 of 2021) For the Petitioner/s :

Mr.Patanjali Rishi, Ms. Prerna Rishi, Mr. Akash Deep For the Opposite Party/s :

Mr.Narendra Kumar Singh (In CRIMINAL MISCELLANEOUS No. 32443 of 2021) For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Informant :

Mr.Satish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Rani Talab P.S. Case no. 241 of 2020 registered for offences punishable under Sections 147, 148, 149, 341, 323,

Patna High Court CR. MISC. No.44733 of 2021(4) dt.26-07-2022 2/3 302, 504 and 506 of the Indian Penal Code.

As per allegation in the FIR, while the brother of the informant was fixing a new door in his house, five accused persons including the petitioner forbade him on the ground that the said land belong to them. On protest made by the informant's brother, all of them started to assault his brother. Co-accused Tuna Kumar @ Akhila Nand Yadav shot three bullet fire out of which two hit on the head of his brother and he succumbed to the fire arm injuries.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. Specific allegation of opening fire is against Tuna Kumar and not against these petitioners. From perusal of the case diary and post mortem report one entry and one exit wounds caused by fire arm were found and apart from these two injuries no external injury was found on the person of the deceased. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The

Patna High Court CR. MISC. No.44733 of 2021(4) dt.26-07-2022 3/3 petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Rani Talab P.S. Case no. 241 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate II, Danapur, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U