Ramdas Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33756 of 2021 Arising Out of PS. Case No.-283 Year-2020 Thana- SIKANDRA District- Jamui ====================================================== RAMDAS YADAV S/O LATE KALI YADAV R/o village- Bichhwaya, P.S.- Sikandara, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar, Adv For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP For the Informant :

Mr. Pankaj Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-12-2021 Heard Mr. Amrendra Kumar, learned counsel for the petitioner, Mr. Sanjay Kumar Singh, Additional Public Prosecutor for the State and Mr. Pankaj Kumar Singh, learned counsel for the informant.

Petitioner seeks regular bail in connection with Sikandra PS Case No. 283/2020 registered for the offences punishable under Sections 302/34 of the IPC and under Section 27 of the Arms Act.

As per First Information Report, a scuffle took place between the side of petitioner and the informant and in the said quarrel, on the order of the petitioner, his son, namely, Ranjeet Yadav fired upon the chest of the deceased, Pravin Kumar. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.33756 of 2021(2) dt.22-12-2021 2/3 petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case along with his family members. Learned counsel further submits that petitioner is not the main assailant and he is in custody since 04.01.2021 and the charge-sheet has also been submitted. On the other hand, learned counsel appearing for the informant vehemently opposed the prayer for bail of the petitioner and submits that at the instance of the petitioner, his son fired upon the deceased and the main assailant of this case is the son of the petitioner who is still absconding. Accordingly, petitioner does not deserve the privilege of bail.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner has got no criminal antecedents and he is an order giver and the main assailant is co-accused, Ranjeet Yadav, I am inclined to grant regular bail to the petitioner after the petitioner completes one year of his custody. Accordingly, let the petitioner, RAMDAS YADAV be released on bail, after completion of one year of custody, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.33756 of 2021(2) dt.22-12-2021 3/3 Sikandra PS Case No. 283/2020.

(Anil Kumar Sinha, J) perwez U T