Ajeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24297 of 2022 Arising Out of PS. Case No.-99 Year-2020 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== 1.

JULUSH YADAV S/O JHAGAD YADAV @ RAJO YADAV 2.

DOMAN YADAV S/O BASUDEO YADAV 3.

DHARO YADAV @ DHARMENDRA YADAV S/O SURESH YADAV All R/o village- Kabirpur, P.S.- Sheikhpor-Sarai, District- Sheikhpura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 24988 of 2022 Arising Out of PS. Case No.-99 Year-2020 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== AJEET YADAV Son of Late Bundal Yadav Resident of Village - Kabirpur, P.S.- Sheikhopur Sarai, District - Sheikhpura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 31641 of 2022 Arising Out of PS. Case No.-99 Year-2020 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== RAMVIR YADAV @ RAMVEER YADAV Son of Mr. Ramnandan Yadav Resident of Village - Kabirpur, P.S. - Sheikhopursarai, District - Sheikhpura. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 24297 of 2022) For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mr. Shivam, Adv.

For the State :

Mr. Bharat Lal, APP For the Informant : Mr. Nilendu Kumar Chaudhary, Adv.

2/4 Mr. Gajendra Kumar Singh, Adv.

(In CRIMINAL MISCELLANEOUS No. 24988 of 2022) For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mr. Udbhav, Adv.

For the State :

Mr. Ajit Kumar, APP For the Informant : Mr. Nilendu Kumar Chaudhary, Adv. Mr. Gajendra Kumar Singh, Adv.

(In CRIMINAL MISCELLANEOUS No. 31641 of 2022) For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Ms. Vaishnavi Singh, Adv.

For the State :

Md. Matloob Rab, APP For the Informant : Mr. Nilendu Kumar Chaudhary, Adv. Mr. Gajendra Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, it is stated by the informant that the twelve named accused persons including the five petitioners in these three applications are said to have resorted to indiscriminate firing killing the nephew of the informant.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case due to prior enmity. In any view of the matter, the allegations are general and omnibus in nature. The case of the petitioners stands on a similar footing to Alok Yadav who has been enlarged on bail vide order dated 11.4.2022 passed in Cr. Misc. no.54448 of 2021, Niraj Yadav who has been enlarged on bail vide order

3/4 dated 11.4.2022 passed in Cr. Misc. no.67067 of 2021 and Vijay Yadav who has been enlarged on bail vide order dated 25.4.2022 passed in Cr. Misc. no.57644 of 2021. The petitioners namely Julush Yadav, Doman Yadav and Dharo Yadav are in custody since 24.9.2021, Ajeet Yadav is in custody since 7.1.2022 and Ramvir Yadav is in custody since 5.10.2021. Chargesheet has been submitted in the case.

The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioners are named in the F.I.R. but there is direct allegation against them of having resorted to indiscriminate firing, the allegations being supported from the contents of the postmortem report. Having heard learned counsel for the parties and taking into consideration the general and omnibus allegation against the petitioners in the F.I.R., the petitioners having remained in custody for more than a year, chargesheet having been submitted in the case and grant of bail to the similarly situated co-accused as stated herein above, the Court directs all the five petitioners to be enlarged on bail in connection with Shekhopursarai P.S. Case no.99 of 2020 on each of them

4/4 furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura. (Partha Sarthy, J) Saurabh/- U T