Rakesh Yadav @ Dhorwa @ Dorwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31659 of 2024 Arising Out of PS. Case No.-134 Year-2020 Thana- ATHMALGOLA District- Patna ====================================================== Rakesh Yadav @ Dhorwa @ Dorwa Son of Shiv Balak Yadav Resident of Village- Chanda, Police Station- Athmalgola, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Ranjan Kumar, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Athmalgola P.S. Case No. 134 of 2020 dated 31.05.2020 registered for the offences punishable u/ss 148, 342, 387, 323, 307, 364, 379, 506, 504 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the informant was sitting at Anganbari Centre, all of sudden, 15-20 miscreants holding with rifle, pistol came firing and the co-accused, Ajit Yadav and Azad Yadav put pistol on the temple of the informant and demanded Rs. 50,000/- as rangdari. On the order of the coaccused, Ajit Yadav, the accused persons took the informant to tall (field) and assaulted him with rod and butt of rifle.

Patna High Court CR. MISC. No.31659 of 2024(2) dt.06-05-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The informant and the petitioner are the co-villagers. There is general and omnibus allegation against the petitioner. There is no specific allegation against the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Barh, Patna in connection with Athmalgola P.S. Case No. 134 of 2020.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T