Mritunjay Yadav @ Mirtunjay Yadav @ Piltha Yadav @ Mritunjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25835 of 2023 Arising Out of PS. Case No.-391 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== MRITUNJAY YADAV @ MIRTUNJAY YADAV @ PILTHA YADAV @ MRITUNJAY KUMAR SON OF LATE RAVINDRA YADAV R/O VILL.- MARANGA, P.S.- K.HAT(MARANGA), DISTT.- PURNEA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar For the Opposite Party/s :
Mr. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Khajanchi Hat (Maranga) P.S. Case No. 391 of 2019 registered for the offence under Sections 302 and 120(B) read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, in brief, is that on 04.06.2019 at about 10 AM,informant Rahul Gaurav along with his father were sitting at their door. At that time Pilta Yadav, Rakesh Yadav came and threatened them that Chhotu Yadav (petitioner)
Patna High Court CR. MISC. No.25835 of 2023(2) dt.19-05-2023 2/3 has informed from jail to solve the land dispute as per his dictates otherwise he will kill the whole family. Thereafter, at about 11 PM in night when the informant, his mother and brother were talking with his father then Pilta Yadav, Rakesh Yadav, Bharat Bhushan Yadav, Pankaj Samrat, Niraj Samrat, riding on two motorcycles came there and instantly started firing on informant and his family members. Informant was saved but one fire shot hit his father and he died on the spot. Learned counsel for the petitioner submits that the petitioner is a good student and has passed Diploma in Civil Engineering in the year 2021 from a Government Polytechnic College, Purnea and there is no specific allegation against the petitioner of firing upon the deceased and nothing has come in the case diary also.
Learned counsel for the petitioner also submits that the petitioner is in custody since 30.12.2022. Learned A.P.P. has vehemently opposed the prayer for bail.
Considering the aforesaid facts and the period of custody, this application for regular bail is allowed. Let the petitioner, above named, be released on bail after framing of charge if the charge is not framed yet and
Patna High Court CR. MISC. No.25835 of 2023(2) dt.19-05-2023 3/3 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, V, Purnea in connection with Khajanchi Hat (Maranga) P.S. Case No. 391 of 2019. (Sandeep Kumar, J) Vikas/- U